Mountain Top Removal Suit

The Highlands Conservancy has threatened a lawsuit against the U.S. Dept. of Interior and the WV DNR for failing to enforce new federal standards restricting the use of mountaintop removal strip mining.

Federal regulations, which were supposed to go into effect February 3, restrict the flattening of an entire mountaintop to remove coal to cases where:

1. An industrial, commercial, agricultural, residential or public facility use is proposed for the land after mining.

2. Specific plans, letters of commitment and feasibility studies have been submitted for the proposed land use showing the project is compatible with surrounding area, financially and technically feasible, and there is a commitment to install any necessary public facilities. Virtually all the mountaintop removal operations in West Virginia appear to be illegal under these criteria because most propose merely a "woodlands and wildlife" post mining land use, and none have submitted the required plans, letters of commitment and feasibility studies. 27 sites we identified in WV which would have been closed until such time as they comply with the land use standards. Mountaintop removal may never be feasible at a number of these sites if the law is strictly enforced.