Appeals court supports mountain-top mining

Legal Brief

Publishing Date: 12 Mar 2009 11:59am GMT
Author: Mining Environmental Management

A US federal court has reversed a lower court judgment to limit the use of a controversial and environmentally-damaging form of coal mining in the Appalachians. The US Fourth Circuit Court of Appeals overruled an earlier verdict that limited the issuing of permits for mountain-top mining, a practice that strips material from the tops of mountains to expose coal seams and disposes of waste into streams and waterways. The case challenged four mining permits owned by mining companies (including Aracoma Coal Co, a subsidiary of Massey Energy Co, the fourth largest coal company in the US).

Environmental groups claim that mountain-top mining destroys streams, poisons drinking water and increases the risk of flooding, as well as leaving an environmental eyesore. They say the appeal court ruling will allow 90 more mountain peaks to be removed by coal-mining operations.

“We believe the decision is wrong on the law and the science,” said Steve Roady, an attorney for Earthjustice, which represented environmental groups. “This fight is not over until mountain-top mining is over. We will continue to litigate,” he added.