ANOTHER Legal Victory for Mountain State’s Environment

It’s a victory for West Virginia’s environment.

A federal appeals court (on Dec. 12, 2006) upheld a decision barring the Office of Surface Mining’s approval of a change by the state in the definitions it uses to review new mining permits.

The Fourth US Circuit Court of Appeals’ decision could now force the state Department of Environmental Protection to abandon a rule change that would allow approval of mining operations that would cause water pollution violations. (Ed. Note: Historic – This is the first time the Fourth Circuit has ever ruled in our favor!)

The rule change approved in 2003 would have eliminated the definition of cumulative impacts on watersheds in favor of a definition of material damage. The rule change was widely support by coal corporations.

US District Judge Chuck Chambers had ruled last year that the OSM cannot rubber-stamp DEP rule changes. Yesterday’s ruling upholds that decision.

It’s a victory for the Ohio Valley Environmental Coalition, Citizens Coal Council and Hominy Creek Preservation Association, the environmental groups that challenged the OSM’s original decision.