By Cindy Rank
When we last reported on the proposed Reylas Mine and valley fill in Bandmill Hollow of Dingess Run in Logan County (June 2012 Highlands Voice) mining was on hold while we awaited final briefing and closing arguments in our litigation challenging the adequacy of the 404 fill permit.
Since then court documents were filed, hearings held and the court denied our challenge and refused to block the permit.
It should come as no surprise that we’ve filed an appeal with the 4th Circuit Court of Appeals. However, without an injunction to prevent the company from mining before the appeal is heard, it is conceivable that mining could begin at any time. If the stream is disturbed our appeal is basically lost. made moot.
We (plaintiffs West Virginia Highlands Conservancy, Ohio Valley Environmental Coalition, Coal River Mountain Watch, and the Sierra Club) went back to the U.S. District Court for Southern West Virginia in Huntington to request an injunction while our appeal is pending.
On September 13th Judge Chambers issued an Order denying our request for an injunction to block Alpha Natural Resources and its subsidiary Highland Mining while the 4th Circuit considers our appeal. The Order did, however, allow 14 days for us to go to the 4th Circuit to request an injunction and put a hold on mining while that court considers the facts in the case…
Deadline for this issue of the Voice precludes reporting on anything beyond that so stay tuned.