Supreme Court won't review W.Va. strip mine case - Clarksburg, Morgantown: News, Sports, Weather

Supreme Court won't review W.Va. strip mine case

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West Virginia Attorney General Patrick Morrisey issued a statement about the U.S. Supreme Court's decision to not hear a case about whether the U.S. Environmental Protection Agency has the authority to veto a permit that had already been granted.

"It is always very difficult to get a case heard by the U.S. Supreme Court," Morrisey said. "However, the decision in this case is disappointing.

"The EPA's decision to rescind a permit years after it was granted to Mingo Logan Coal Co.'s Spruce Mine negatively impacted West Virginia jobs, families and the state as a whole."

Morrisey said the case may be centered on a coal mine, but it is about more than coal.

"It's about private and public entities being able to have faith that when they make investments and get the necessary permits for those investments, those permits won't be yanked back years later," he said. "Our office led 27 states in a brief that urged the Supreme Court to weigh in on this matter."


Original Story:

The Supreme Court has rejected an appeal from a coal company fighting to reinstate a water pollution permit for a massive West Virginia strip mine.

The justices say they will not disturb a federal appeals court ruling that the Environmental Protection Agency acted within its authority in 2011 when it retroactively vetoed a permit issued four years earlier by the U.S. Army Corps of Engineers.

St. Louis-based Arch Coal Inc. and its Mingo Logan Coal Co. subsidiary challenged the appellate ruling concerning the mountaintop removal coal mine in West Virginia's Logan County.

The case now goes back to a federal district court in Washington.

The case is Mingo Logan Coal Co. v. EPA, 13-599.

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