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Appeals Court Invalidates 2007 Version of NWP 21

The U.S. Court of Appeals for the Sixth Circuit in the this week struck down the U.S. Army Corps of Engineers’ (Corps) 2007 issuance of nationwide permit (NWP) 21 as violating the Clean Water Act (CWA) and the National Environmental Policy Act (NEPA). The 2007 version of NWP 21 authorized in-stream activities related to surface coal mining activities.  The Corps programmatically reissued NWP 21 in 2012, placing limits on the range of activities that could qualify for authorization under its terms and conditions. In its programmatic reissuance of NWP 21, the Corps allowed operations previously-permitted under the 2007 version to be “re-certified” and continue work for up to five years since the activities would not qualify for NWP 21 authorization under the restrictions contained in the 2012 version of the permit.  The Sixth Circuit ruling overturns a district court decision and invalidates the 2007 NWP 21, including the five-year reauthorization or “grace period” provided by the Corps for the completion of activities. The court invalidated the Corps’ issuance of the 2007 NWP 21 as arbitrary and capricious but stayed the ruling for 60 days to allow for an assessment of the ramifications of the ruling on existing projects and consideration of potential remedies.  We are still reviewing the decision and discussing its application to NWP 21s outside of the Sixth Circuit’s jurisdiction.  For a copy of the decision, contact This email address is being protected from spambots. You need JavaScript enabled to view it.

WVCA Statement Regarding Federal Court Decision

“We are disappointed with the decision by a three-judge panel of the U.S. District Court of the District of Columbia to reverse and remand a decision by Judge Amy Berman-Jackson, also of the D.C. Circuit, which overturned a veto of the Spruce mine permit by the U.S. EPA.  The three-judge panel remanded the case back to Jackson to consider the remaining parts of the case that related to the specific facts surrounding the Spruce Mine permit.”

"Under the Appeals Court decision, a permit is no longer a license to work but has been relegated to mere permission to operate only as long as you are in EPA’s good political graces.  The decision is clear evidence that Congressional action in necessary to restore the appropriate balance between the authority of the Corps of Engineers and that of EPA.

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WV Coal Association Statement Regarding Federal Court Decision on Spruce Permit

CHARLESTON –  The West Virginia Coal Association issues the following statement regarding a decision in the U.S. District Court in the District of Columbia.

“We are disappointed with the decision by a three-judge panel of the U.S. District Court of the District of Columbia to reverse and remand a decision by Judge Amy Berman-Jackson, also of the D.C. Circuit, which overturned a veto of the Spruce mine permit by the U.S. EPA.  The three-judge panel remanded the case back to Jackson to consider the remaining parts of the case that related to the specific facts surrounding the Spruce Mine permit.”

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WVCA Speakers Bureau

The following is an initial schedule for the WVCA’s Speakers Bureau – will become a weekly update as in the “Events” section below. If members wish to participate or have opportunities, please call Sandi at the Association office.

DATE PLACE SPEAKER
May
1st Coal Prep, Lexington, KY Chris Hamilton
3rd WV Coal Mining Institute & WV Bar, Glad Springs, WV Bill Raney
14th Beckley Rotary Club C. Hamilton
19-20th WV County Commissioners Assoc. Board, Parkersburg, WV B. Raney or C. Hamilton
23rd WV/National Commision on Aging, Cedar Lakes, WV B. Raney or Don Nehlen
June
15th North/South Football Game, Laidley Field, Charleston, WV D. Nehlen, B. Pruett, B. Raney
18th Wheeling Rotary C. Hamilton
24th National Right of Way Association, Hobet Mine, Charleston, WV B. Raney
25th WV Manufacutred Homes, Stonewall B. Raney
July
20th FOC Auto Fair, Beckley, WV D. Nehlen, B. Pruett, C. Hamilton, B. Raney
August
4-7th WV County Commissioners Association, Stonewall Resort B. Raney or C. Hamilton
September
6 or 7th WV School Board Association, Flatwoods Days Inn B. Raney or C. Hamilton


FOC Auto Fair Set

The 2013 Friends of Coal Auto Fair is set for July 19-21st at the YMCA Paul Cline Memorial Sports Complex in Beckley, WV.  More than 50,000 people from all over the country are expected throughout the weekend to take in the car show, carnival rides, live music, special performance, surprise guests and festival food.  Sponsorship opportunities are available and more up-to-date information can be accessed by visiting: www.friendsofcoalautofair.com
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