Coal Companies Agree to Limit Valley Fills

Ken Ward reports in today's Charleston Gazette that three surface coal mining companies have agreed to limit their valley fills, and to give notice to citizen groups if they intend to start additional fills. The agreement was a concession by the companies to be allowed to continue mining, and was made because Judge Chambers has temporarily blocked any new permits, based on his earlier decisions. In 2007, Judge Chambers ruled the Corps of Engineers had to perform additional studies before granting certain permits to Massey Energy, and later ruled that instream sediment ponds at the valley fill toes were not allowed. Those decisions have been appealed to the Fourth Circuit by Massey and the Corps, and the Court was scheduled to hear the appeals on May 13. The 4th Circuit has now changed that to early September. The Gazette article can be accessed at http://www.wvgazette.com/News/Business/200804230695