This article originally published in WVEC

October 3, 2006

Trial over mountaintop removal mine permits set to begin

Associated Press

A trial to determine whether the U.S. Army Corps of Engineers failed to thoroughly review the environmental impact of four mountaintop removal mines before approving permits for them is scheduled to begin Tuesday.

The trial pits the Ohio Valley Environmental Coalition and two other environmental groups against the corps and Massey Energy Co. Richmond, Va.-based Massey, the nation's fourth largest coal producer by revenue, operates the mines involved in the lawsuit.

The environmental groups claim the corps violated the Clean Water Act, National Environmental Policy Act and other laws by issuing valley fill permits without environmental impact statements. The coalition, Coal River Mountain Watch and West Virginia Highlands Conservancy say filling valleys near the mines will hurt water quality and ruin wildlife habitat.

The four Massey mines are the Republic Energy Mine in Fayette County, the Camp Branch Mine in Logan County, Black Castle Mine in Boone County and Laxare East Mine.

The federal trial is scheduled to begin at 9:30 a.m. Tuesday before U.S. District Judge Chuck Chambers in Huntington.