A federal judge overstepped his authority when he blocked the streamlined permitting of new mountaintop removal coal mines, the Bush administration says in a new legal brief.
Lawyers for the Army Corps of Engineers asked a federal appeals court to overturn the July 2004 ruling by U.S. District Judge Joseph R. Goodwin.
Corps lawyers said that Goodwin’s ruling came in the third legal effort to “halt the practice of valley fill mining.”
In a separate brief, coal industry lawyers also asked the 4th U.S. Circuit Court of Appeals to throw out Goodwin’s ruling.
Industry lawyers criticized Goodwin’s decision as the “latest unwarranted and impermissible dismantling” of mountaintop removal regulations by federal judges in Southern West Virginia.
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In mountaintop removal, coal operators blast off hilltops to uncover valuable, low-sulfur coal seams. Leftover rock and dirt is shoved into nearby valleys, burying streams.
http://wvgazette.com/section/Special%20Report/200503222?pt=10