Appeal Granted on Blackwater Canyon Sale-- West Virginia Supreme Court Acts

By Vivian Stockman

The West Virginia Supreme Court will hear a petition filed by environmental groups challenging the legality of the sale of Blackwater Canyon.

"This is a victory for the people of West Virginia," said West Virginia Highlands Conservancy (WVHC) president John McFerrin. "The judicial system is performing its constitutional mandate of operating as a check on other branches of the government. The Public Service Commission (PSC) should not have bowed to the corporate shenanigans of Allegheny Power Systems (APS)."

"APS ignored its lawful duty to ask the PSC for permission to sell the Canyon. APS tried to hide its ownership of the Canyon through corporate subsidiaries that only exist on paper," McFerrin said. The petition was filed by the WVHC, the West Virginia Sierra Club, the West Virginia Wildlife Federation, and individuals Chuck Merritt and Jim Sconyers. Attorneys for the petitioners expect the Supreme Court will hear final arguments late this summer.

"Whatever the outcome of this lawsuit, we must continue to work for preserving the Canyon for all West Virginians," McFerrin noted. "Logging and development plans are going on now. We cannot wait for the Supreme Court's decision. As Highland Conservancy members have requested, we will continue to work toward saving this scenic, recreational, and wildlife treasure."