This article originally published by Coal Valley News

April 25, 2007

At least one Boone mine gets reprieve with court ruling

A federal judge said Tuesday that Massey Energy may continue using valley fills at three mountaintop removal mines whose permits were blocked. They were revoked due to the result of a March ruling

U.S. District Judge Chuck Chambers said last week that most of the environmental damage alleged in a lawsuit brought by several environmental activist groups has already taken place. Following a hearing April 17, Chambers suspended parts of his March 23 ruling that rescinded the valley fill permits for the Camp Branch Mine in Logan County, Black Castle Mine and Laxare East operation in Boone County and Republic Number Two in Kanawha County.

His ruling allows Massey to dump waste rock and dirt into the valley fills while it appeals the March ruling. The decision doesn’t pertain to Laxaire East, because it has already closed due to what the company calls “poor market conditions." Last month, Chambers ruled that the U.S. Army Corps of Engineers failed to adequately determine environmental damage before approving the permits. The corps had maintained that more extensive reviews weren't necessary.