April 28, 2016
The Sierra Club’s “Beyond Coal” campaign has generated another suit against West Virginia.
The Surface Mine Control and Reclamation Act (SMCRA) requires coal operators to reclaim mine sites after mining. To insure that reclamation occurs, operators must post reclamation bonds. West Virginia and many other states have an alternative bonding system that requires operators to both post a…
February 18, 2016
Surface owners have the right of “subjacent support”—to have their surface left intact—unless that right has been waived. In West Virginia, the right of support can be waived expressly (by saying that mineral owner has no obligation to support the surface and no liability for failing to support it) or by necessary implication (by granting all of the coal and right to remove all of the…
October 29, 2015
We have previously reported (in March 2015 and July 2015) on a challenge by the Sierra Club and other groups to EPA’s failure to respond to a petition requesting that EPA rescind the NPDES programs in Kentucky and West Virginia.
After false starts in federal district courts, the Sierra Club filed actions in both the Sixth Circuit and the Fourth Circuit Court of Appeals challenging EPA’s…
July 20, 2015
OSM has released its newly re-proposed Stream Protection Rule and accompanying Draft Environmental Impact Statement and Regulatory Impact Assessment. Links to the documents may be found here. Once published in the federal register, the public will have 60 days to comment.
The predecessor to this rule, the “Stream Buffer Zone” rule, was issued in 1983. In 1999, a federal judge in West…
June 18, 2015
Mingo Logan Coal Company obtained a Clean Water Act § 404 permit from the Corps of Engineers in January 2007. The permit authorized fills associated with the Spruce Mine in Logan County, West Virginia. In January 2011, USEPA exercised its authority under CWA § 404(c) and “vetoed” the permit. Mingo Logan challenged the veto in the D.C. District Court, claiming both…
March 11, 2015
Former West Virginia University (“WVU”) researcher Michael Hendryx has co-authored many articles correlating health statistics with proximity to coal mining. Many of them may be seen here. While much of his work has been peer reviewed in journals of varying quality, little of his work has been subject to rigorous review by skeptics and little of it even posits potential causal…
April 28, 2016
The Sierra Club’s “Beyond Coal” campaign has generated another suit against West Virginia.
The Surface Mine Control and Reclamation Act (SMCRA) requires coal operators to reclaim mine sites after mining. To insure that reclamation occurs, operators must post reclamation bonds. West Virginia and many other states have an alternative bonding system that requires operators to both post a…
February 18, 2016
Surface owners have the right of “subjacent support”—to have their surface left intact—unless that right has been waived. In West Virginia, the right of support can be waived expressly (by saying that mineral owner has no obligation to support the surface and no liability for failing to support it) or by necessary implication (by granting all of the coal and right to remove all of the…
October 29, 2015
We have previously reported (in March 2015 and July 2015) on a challenge by the Sierra Club and other groups to EPA’s failure to respond to a petition requesting that EPA rescind the NPDES programs in Kentucky and West Virginia.
After false starts in federal district courts, the Sierra Club filed actions in both the Sixth Circuit and the Fourth Circuit Court of Appeals challenging EPA’s…
July 20, 2015
OSM has released its newly re-proposed Stream Protection Rule and accompanying Draft Environmental Impact Statement and Regulatory Impact Assessment. Links to the documents may be found here. Once published in the federal register, the public will have 60 days to comment.
The predecessor to this rule, the “Stream Buffer Zone” rule, was issued in 1983. In 1999, a federal judge in West…
June 18, 2015
Mingo Logan Coal Company obtained a Clean Water Act § 404 permit from the Corps of Engineers in January 2007. The permit authorized fills associated with the Spruce Mine in Logan County, West Virginia. In January 2011, USEPA exercised its authority under CWA § 404(c) and “vetoed” the permit. Mingo Logan challenged the veto in the D.C. District Court, claiming both…
March 11, 2015
Former West Virginia University (“WVU”) researcher Michael Hendryx has co-authored many articles correlating health statistics with proximity to coal mining. Many of them may be seen here. While much of his work has been peer reviewed in journals of varying quality, little of his work has been subject to rigorous review by skeptics and little of it even posits potential causal…
