October 31, 2008-- A decision issued earlier today by U.S. District Court Judge Robert Chambers regarding the Ohio Valley Environmental Coalition’s (OVEC) request for a preliminary injunction against Fola Coal Company’s Ike Fork Surface Mine. The decision follows a three day hearing held last week in Huntington. Recall that OVEC initiated a new round of litigation against the Corps (separate from the previously-appealed Massey Case that was decided in 2007) in August with a challenge to a 404 permit issued to Hobet Mining. Fola’s permits were added to the case through a second amended complaint after a settlement was reached with Hobet allowing them full use of their 404 permit.
The decision contains numerous acknowledgments as to the harm that Fola, its employees and Clay County would suffer if the operation was forced to close. The decision’s wording with respect to Fola and its importance to local economy is the best that I can remember reading in any decision from the federal bench. For example: “For their part, Fola Coal appears to be a conscientious corporate citizen. The evidence shows that they take serious their environmental responsibility under the permit and have, at times, gone above and beyond the restoration and remediation efforts required of them.”
We will be discussing the programmatic implications of the decision with the Corps and will update the membership as appropriate.
If you have any questions or need any further information, contact:
Jason at 304/342-4153 or e-mail jbostic@wvcoal.com