U.S. Environmental Protection Agency officials just can’t seem to make a decision about the largest mountaintop removal mining permit in West Virginia history.

On behalf of the EPA, Department of Justice lawyers just asked U.S. District Judge Robert C. Chambers for yet another delay in the litigation over this nearly 2,300-acre permit along Pigeonroost Hollow in Logan County, W.Va.

I’ve posted a copy of their legal filing here.

Since first threatening in early September to block the Clean Water Act permit for the Arch Coal Inc. operation, EPA has asked Chambers to suspend that litigation and then to further delay any action while it thought some more about the matter and met with coal company officials to see if there was  a compromise to be had.

To be clear, the litigation arises from environmental groups challenging the Spruce Mine permit  issued by the Corps of Engineers in January 2007, after years of study and completion of a lengthy environmental impact statement on the mine.  Throughout the process — which dates back more than a decade, EPA officials have continually questioned the size and scope of the mine, and said it appeared to proposed more environmental damage that the law allows.

Arch Coal lawyers have strenuously objected to EPA’s attempted veto, and have asked Judge Chambers to throw out the environmental groups’ legal challenge.  West Virginia political leaders, including Sen. Jay Rockefeller and Gov. Joe Manchin, have jumped in on Arch Coal’s side.

Judge Chambers had suspended the litigation until today, but now EPA wants another three weeks.

DOJ lawyers told Judge Chambers that EPA and the company “have been unable to reach an agreement that would resolve EPA’s concern that the project could have unacceptable adverse effects.”

EPA, the court filing said, “must now determine if it will proceed to the next step in the CWA Section 404(c) administrative process and issue a proposed determination, proposing that the discharge of dredged or fill material to waters of the United States for the purpose of construction of the Spruce No. 1 Mine as currently authorized … be prohibited or restricted.”

DOJ said that environmental groups do not oppose the request, while Arch Coal does oppose it. Chambers did not immediately rule on the issue.

This entry was posted on Friday, March 5, 2010 at 4:50 pm and is filed under Mountaintop Removal. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.