Chambers overruled...again.
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Chambers overruled...again.
by Aaron Sat Feb 14, 2009 10:03 am
Court denies reviews of mine permits
Coal industry to benefit
CHARLESTON, W.Va. -- For the fourth time in eight years, a federal appeals court has overturned a court ruling that would have required more thorough permit reviews of mountaintop removal coal-mining operations.
The 4th U.S. Circuit Court of Appeals decision, issued Friday in Richmond, Va., was a major victory for the coal industry, and a huge setback for environmental groups that want to stop or seriously limit large-scale strip mining across Appalachia.
By a 2-1 vote, a 4th Circuit panel concluded that U.S. District Judge Robert C. Chambers wrongly did not defer to the federal Army Corps of Engineers' decision to issue Clean Water Act permits for four Massey Energy operations to bury streams.
"In matters involving complex predictions based on special expertise, a reviewing court must generally be at its most deferential," wrote Judge Roger Gregory in a 74-page opinion on behalf of himself and Judge Dennis Shedd.
Gregory and Shedd also ruled that Chambers wrongly determined the corps should have considered environmental effects beyond the direct impacts on the streams being filled. Those other effects - on surrounding valleys and forests - are best left to be regulated by state agencies under the federal strip mine law, Gregory and Shedd concluded.
source
Coal industry to benefit
CHARLESTON, W.Va. -- For the fourth time in eight years, a federal appeals court has overturned a court ruling that would have required more thorough permit reviews of mountaintop removal coal-mining operations.
The 4th U.S. Circuit Court of Appeals decision, issued Friday in Richmond, Va., was a major victory for the coal industry, and a huge setback for environmental groups that want to stop or seriously limit large-scale strip mining across Appalachia.
By a 2-1 vote, a 4th Circuit panel concluded that U.S. District Judge Robert C. Chambers wrongly did not defer to the federal Army Corps of Engineers' decision to issue Clean Water Act permits for four Massey Energy operations to bury streams.
"In matters involving complex predictions based on special expertise, a reviewing court must generally be at its most deferential," wrote Judge Roger Gregory in a 74-page opinion on behalf of himself and Judge Dennis Shedd.
Gregory and Shedd also ruled that Chambers wrongly determined the corps should have considered environmental effects beyond the direct impacts on the streams being filled. Those other effects - on surrounding valleys and forests - are best left to be regulated by state agencies under the federal strip mine law, Gregory and Shedd concluded.
source
Aaron- Number of posts : 9841
Age : 58
Location : Putnam County for now
Registration date : 2007-12-28
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