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Ohio Valley Environmental Coalition, et al., Plaintiffs, v. United States Army Corps of Engineers, et al., Defendants

País/Territorio
Estados Unidos de América
Tipo de la corte
Nacional - corte inferior
Fecha
Mar 23, 2007
Fuente
UNEP, InforMEA
Nombre del tribunal
United States District Court for the Southern District of West Virginia
Juez
Chambers Robert, C.
Número de referencia
Civil Action No. 3:05-0784
Idioma
Inglés
Materia
Recursos minerales, Agua
Palabra clave
Carbón Zona de montaña Aguas continentales Licencia minera
Resumen
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.
Texto completo
decision-on-mountaintop-removal-mining-permits.pdf

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