Winds of Change Newsletter, December 2005     See sidebar for table of contents

Legal Victory! Judge Tosses OSM's Water Rule Approval

Associated Press, Oct. 4, 2005

A federal judge has thrown out the federal Office of Surface Mining’s approval of a state change in definitions used in the review of new mining permits.

U.S. District Judge Chuck Chambers ruled that OSM “cannot simply rubber-stamp” WV Department of Environmental Protection rule changes that weaken limits on the amount of damage coal operators can do to West Virginia streams and groundwater.

The ruling, issued Friday, could force DEP to abandon a rule change that would allow the state to approve mining operations that it knows will cause water pollution violations.

Chambers ruled in the latest in a string of legal battles over how the state measures and considers the water quality impacts of new strip mines.

OSM officials have not decided how they will proceed in light of the ruling.