Ohio Valley Environmental Coalition, et al., Plaintiffs, v. United States Army Corps of Engineers, et al., Defendants Country/Territory United States of America Type of court National - lower court Date Mar 23, 2007 Source UNEP, InforMEA Court name United States District Court for the Southern District of West Virginia Judge Chambers Robert, C. Reference number Civil Action No. 3:05-0784 Language English Subject Water, Mineral resources Keyword Coal Mountain area Inland waters Mining licence Abstract The U.S. Army Corps of Engineers issued four permits to fill headwater streams in conjunction with mountaintop removal coal mining in Appalachia. The Ohio Valley Environmental Coalition filed a suit against this decision claiming that the mining violated the Clean Water Act and the National Environmental Policy Act and led to stream and headwater destruction. The court was of the view that the Corps had not adequately addressed certain issues as to the impacts of the mining activity on the environment. Failing to conduct its review as required under the Clean Water Act and the National Environmental Policy Act, the Corps decided to issue a finding of “no significant impact” where Environmental Impact Statements could have been required. Congress had mandated the Corps to “maintain the chemical, physical, and biological integrity of the Nation’s waters,” which could require the Corps ultimately to deny the permits if the adverse impacts to the waters were significant. Thus, the court decided to remand the permits to the Corps for reconsideration in light of the courts’ Memorandum Order and Opinion. Full text decision-on-mountaintop-removal-mining-permits.pdf References Cites Friends of the Earth, Inc., et al. v. Laidlaw Environmental Services (TOC), Inc. Jurisprudence | National - higher court | United States of America | Jan 12, 2000 Keyword: Access-to-justice, Legal proceedings/administrative proceedings, Effluent waste water/discharge, Offences/penalties, Recreational water use Source: UNEP, InforMEA Steel Co., aka Chicago Steel & Pickling Co. v. Citizens for a better Environment Jurisprudence | National - higher court | United States of America | Mar 4, 1998 Keyword: Access-to-justice, Legal proceedings/administrative proceedings, Hazardous substances, Access-to-information Source: UNEP, InforMEA Sierra Club, Petitioner, v. Rogers C.B. Morton, Individually, and as Secretary of the Interior of the United States, et a. Jurisprudence | National - higher court | United States of America | Apr 19, 1972 Keyword: Wild fauna, Legal proceedings/administrative proceedings, Protection forest, Protected area, NGO, Mountain area, National parks, Protection of habitats Source: UNEP, InforMEA