Earlier this week the Association and the U.S. Department of Justice filed briefs with the U.S. Court of Appeals for the Fourth Circuit regarding location of sediment control ponds below mining operations. The filings are in response to a request from the Ohio Valley Environmental Coalition that the Fourth Circuit take “judicial notice” that in-stream sediment ponds are not essential to mining industry in Appalachia as evidenced by the construction of a sediment control pond out-of-stream at a particular mine site. The responses seek to clarify that location of the SMCRA-required ponds is dictated by site-specific circumstances, and while instances may exist where topography is such that ponds can be built outside of the stream channel, for the most part the steep terrain of Appalachia requires that ponds be constructed “in-stream”, which is why federal law provides for them. The Fourth Circuit will hear oral arguments in the appeal of the Chambers’ decisions later this month on September 23, 2008. Judge Chambers held that the construction and permitting of in-stream ponds was prohibited under the federal Clean Water Act.
September 12, 2008-- Earlier this week the Association and the U.S. Department of Justice filed briefs with the U.S. Court of Appeals for the Fourth Circuit regarding location of sediment control ponds below mining operations. The filings are in response to a request from the Ohio Valley Environmental Coalition that the Fourth Circuit take “judicial notice” that in-stream sediment ponds are not essential to mining industry in Appalachia as evidenced by the construction of a sediment control pond out-of-stream at a particular mine site. The responses seek to clarify that location of the SMCRA-required ponds is dictated by site-specific circumstances, and while instances may exist where topography is such that ponds can be built outside of the stream channel, for the most part the steep terrain of Appalachia requires that ponds be constructed “in-stream”, which is why federal law provides for them. The Fourth Circuit will hear oral arguments in the appeal of the Chambers’ decisions later this month on September 23, 2008. Judge Chambers held that the construction and permitting of in-stream ponds was prohibited under the federal Clean Water Act.
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