The papers alleged the corps has made those concessions in private conversations, and in newspaper interviews, but refused to state them in writing to Lovett.
Lovett asked to schedule depositions later this month of corps officials Rodney Woods, Richard Buckley and John Studt to force them to disclose a "secret agency law" regarding valley fills.
Valley fills, Lovett alleged, "forever destroy streams, aquatic life, wildlife, and vegetative life in the valleys filled.
"The fills degrade the quantity and quality of water below the fills, and the blasting necessary to create the fills may cause the loss and/or degradation of springwater, wellwater and streamwater used by those living beneath the fills for drinking and other household purposes," Lovett alleged.
"It is, therefore, necessary for corps officials to state immediately the corps' official position in regard to its policy and its authority to authorize this extremely destructive and widespread activity," Lovett wrote.
"This is not merely an abstract policy or jurisdictional issue," he wrote. "The corps' authority and policy is currently and dramatically affecting the State's wildlife, aquatic life, streams, forests, mountains, and valleys as well as the communities below the valley fills. It is, to say the least, difficult to understand how such a policy can be kept secret."
Haden did not immediately rule on Lovett's motion.
In the court papers filed Tuesday, Lovett also noted that the suit, if successful, would not necessarily outlaw all valley fills and mountaintop removal.
"Rather, valley fills would have to be smaller and would have to be constructed in the portions of the hollows that are above the waters of the United States," Lovett wrote.
"This could be accomplished by reducing the size of the mining cut and by requiring the mining operations to place more of the mining spoils back on the mountain after mining," he wrote. "This would mirror Congress' intent when it passed the Surface Mining Act."