Appeals court overturns new mountaintop mine rules

ByABC News
February 13, 2009, 8:25 PM

CHARLESTON, W.Va. -- A federal appeals court Friday overturned a ruling requiring more extensive environmental reviews of mountaintop removal, a form of coal mining in Appalachia that blasts away whole peaks.

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The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled the U.S. Army Corps of Engineers has the authority to issue Clean Water Act permits for mountaintop removal coal mines without more extensive reviews.

The ruling is a blow to environmentalists and coalfield neighbors who oppose the highly efficient but destructive practice that exposes thin, shallow coal seams. Rocks, dirt and other debris typically are dumped into valleys containing intermittent streams, which is how clean water rules become involved.

The decision is a big win for mine operators. The coal industry says most of the nearly 130 million tons of coal produced at mountaintop mines in Appalachia goes to generate electricity for 24.7 million U.S. customers. Moreover, mountaintop mines employ some 14,000 people across West Virginia, Virginia, Kentucky and Tennessee.

Mountaintop permits have slowed to a trickle since March 2007, when the Corps was ordered by U.S. District Judge Chuck Chambers to rescind several permits. It was Chambers' ruling that the appeals court overturned.

"We are deeply disappointed," said Janet Keating, executive director of the Ohio Valley Environmental Coalition. Her coalition plans to get together with two other environmental groups involved in the case to determine their next step.

West Virginia Coal Association President Bill Raney praised the decision, saying it brings stability to the industry at a time when it faces sluggish demand due to the weak economy.

Appalachian mining giant Massey Energy also applauded the ruling, which was directly involved with several permits issued for the Richmond, Va.-based company's mines.

"Even though we have not had an opportunity to fully review the 4th Circuit's decision, we are pleased with the fact it has rejected Judge Chambers' previous ruling," Massey spokesman Jeff Gillenwater said in an e-mail. "This should put an end to much of the uncertainty regarding the issuance of surface mine permits."