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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

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