U.S. District Judge Robert C. Chambers has not yet set a hearing on the Alpha permit case.
In the Arch Coal permit matter, board members on Friday asked lawyers for environmental groups, the DEP and the company for input on how the board should respond to Stucky's decision.
Company lawyer Bob McLusky renewed his arguments that the board should not have ruled for environmental groups in the first place, and urged board members to dissolve an earlier order suspending the permit pending the board's initial hearings on the case.
"I don't think the court presumed you were just going to put a few ribbons and bows on this thing and send it back. And if you do, I think it will be overturned," McLusky said.
DEP lawyer Jennifer Hughes said she didn't want to provide input to help the board rewrite a ruling against her agency's permit issuance.
Board Chairman Ed Snyder and agency lawyer Wendy Radcliff said if the DEP didn't want to file a brief explaining hot it felt the board should proceed, that was fine with them.
"We have no problem moving forward," Snyder told Hughes. "We just wanted to give you some input."
Radcliff noted that Stucky did not retain jurisdiction over the case, so if the company or the DEP are upset with the board's eventual revised ruling, they would have to file new appeals.
Board members gave all sides 21 days to file any briefs concerning Stucky's decision.
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.