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Article: Industry wants Haden to clarify valley fill ruling: Suspension of permitting risks jobs, coal lawyers say

Article from:
Charleston Gazette
Article date:
May 20, 2002
Author:
Copyright

kward@wvgazette.com

Coal industry lawyers want Chief U.S. District Judge Charles H. Haden II to clarify his May 8 mountaintop removal ruling.

They say it's not clear how much of a mining site a coal company must propose for future development in order for the company's valley fill to receive a Clean Water Act permit.

Late Friday, industry lawyers filed papers to ask Haden to suspend his ruling while the industry and the federal government appeal it to the 4th U.S. Circuit Court of Appeals.

They alleged that if the ruling is not suspended pending appeal, it would cause "severe irreparable injury ... potentially to all mining operations" in West Virginia, Kentucky, Ohio and Virginia.

"As time ...

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