Environmentalists went to court to try to force Dal-Tex to be included. Haden halted the Dal-Tex permits until he can hold a trial on the rest of the "pattern and practice" case. The trial is scheduled for July 13.
In an April 7 letter to Deputy Managing Attorney General Barbara Allen, Adams wrote that DEP's 10 lawyers are too busy with other matters to handle the mountaintop removal case.
"I think all involved would agree that the prospect of long-term job loss and the regulatory instability occasioned by this case establishes it as the most important case pending in Southern West Virginia," Adams wrote. "Indeed, a literal interpretation [of the complaint] would virtually call for the banning of coal mining in Southern West Virginia.
Bailey and Glasser, who recently left the firm Bowles Rice McDavid Graff & Love to form their own firm, will handle only the trial and preparation for the trial.
In-house DEP lawyers will continue to work on settlement negotiations, meetings over mountaintop removal with other agencies, and "meeting with and providing relevant information to" industry groups that intervened in the case, Adams said.
Bailey was a top aide to former Republican Gov. Arch Moore and is a former assistant U.S. attorney. Glasser was a Rhodes Scholar from West Virginia University.
Gallagher said that Bailey usually charges $230 per hour, but cut his rate to match the $195 per hour that Pat McGinley, a West Virginia University law professor, charges when he recoups legal fees from suing state agencies that ignore the law.