Earthjustice Statement on Mountaintop Removal Mining Court Decision

Earthjustice reports a federal court victory in West Virginia where a judge ruled that the U.S. Army Corps of Engineers violated the Clean Water Act by issuing mountaintop removal mining permits that permanently buried headwater streams. The ruling, which affects numerous pending permits in Appalachia, underscores a lack of scientific evidence for the effectiveness of stream mitigation projects in the region.

• A federal judge in the U.S. District Court for the Southern District of West Virginia ruled that the U.S. Army Corps of Engineers violated the law by issuing mountaintop removal mining permits that permitted the permanent burial of vital headwater streams. The ruling requires the Corps to comply with the Clean Water Act and stop issuing illegal permits, though it allows the Corps an opportunity to demonstrate it can issue permits for valley fills without violating the law.
• The court decision highlights a lack of scientific evidence supporting the U.S. Army Corps of Engineers' claims that the destruction of streams and headwaters can be mitigated. Specifically, the court opinion noted that the Corps' own witnesses admitted they are unaware of any successful stream creation projects within the Appalachian region.
• The legal challenge brought by the Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the West Virginia Highlands Conservancy is expected to impact dozens of pending mining permits across Appalachia.

APA

Roady, S. (2007). Earthjustice Statement on Mountaintop Removal Mining Court Decision. Earthjustice. https://earthjustice.org/press/2007/earthjustice-statement-on-mountaintop-removal-mining-court-decision

Chicago

Roady, Steve. Earthjustice Statement on Mountaintop Removal Mining Court Decision. Earthjustice, 2007. https://earthjustice.org/press/2007/earthjustice-statement-on-mountaintop-removal-mining-court-decision.

Wikipedia

{{cite press release |last1=Roady |first1=Steve |title=Earthjustice Statement on Mountaintop Removal Mining Court Decision |publisher=Earthjustice |date=23 March 2007 |url=https://earthjustice.org/press/2007/earthjustice-statement-on-mountaintop-removal-mining-court-decision |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{roady2007earthjustice, author = {Roady, Steve}, title = {{Earthjustice Statement on Mountaintop Removal Mining Court Decision}}, publisher = {Earthjustice}, year = {2007}, month = mar, url = {https://earthjustice.org/press/2007/earthjustice-statement-on-mountaintop-removal-mining-court-decision}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }