Monday, July 29, 2013

Appeals court refuses to rehear battle over EPA powers in W.Va. mountaintop removal mine case

A federal appeals court is refusing to rehear a case challenging 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 denied Arch Coal's motion to rehear the case.

In April, the court ruled EPA had the legal right to revoke permit in 2011 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.

Arch Coal has 90 days to file an appeal with the U.S. Supreme Court.