Bluefield Daily Telegraph, Bluefield, WV

WV State News

June 13, 2013

Appeals court to hear more on EPA, W.Va. mine case

MORGANTOWN — Arch Coal is preparing to re-argue key points in a long-running battle over the Environmental Protection Agency’s retroactive veto of a water pollution permit for a massive West Virginia strip mine.

The U.S. District Court of Appeals for the District of Columbia granted a motion for rehearing Wednesday.

In April, the court ruled EPA had the legal right two years ago to revoke permit that the U.S. Army Corps of Engineers had awarded years earlier to St. Louis-based Arch and its Mingo Logan Coal Co. subsidiary.

The EPA said destructive, unsustainable practices at the Spruce No. 1 mine in Logan County would cause irreparable environmental damage.

U.S. District Judge Amy Berman Jackson ruled the EPA had overstepped its authority, but the appellate panel disagreed.

The reversal has nationwide economic implications.

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