On Wednesday, the first briefs were filed in the appeal of the March
and June decisions from U.S. District Court Judge Charles Chambers.
The first decision, issued in March rescinded four individual Corps
permits issued to Massey Energy by holding that the Corps failed to
properly analyze streams that would be affected by the operations and
that the mitigation proposed to compensate for the stream impacts fell
short of the regulatory requirements of the federal Clean Water Act.
The June decision held the construction of in-stream sediment ponds (as
required under the federal Surface Mining Control & Reclamation
Act) were illegal under the CWA.
Briefs were filed on Wednesday by the West Virginia Coal Association,
the Massey Energy companies, Mingo-Logan Coal Company and the U.S. Army
Corps of Engineers. Contact jbostic@wvcoal.com for a copy of the
briefs.
On Wednesday, the first briefs were filed in the appeal of the March and June decisions from U.S. District Court Judge Charles Chambers. The first decision, issued in March rescinded four individual Corps permits issued to Massey Energy by holding that the Corps failed to properly analyze streams that would be affected by the operations and that the mitigation proposed to compensate for the stream impacts fell short of the regulatory requirements of the federal Clean Water Act. The June decision held the construction of in-stream sediment ponds (as required under the federal Surface Mining Control & Reclamation Act) were illegal under the CWA.
Briefs were filed on Wednesday by the West Virginia Coal Association, the Massey Energy companies, Mingo-Logan Coal Company and the U.S. Army Corps of Engineers. Contact jbostic@wvcoal.com for a copy of the briefs.
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