The state Division of Environmental Protection on Wednesday released a copy of its bill from the private lawyers who are representing the agency in a federal court lawsuit over mountaintop removal.
DEP used a marker to black-out most of the information in the seven-page bill submitted from the law firm Bailey & Glasser.
Much of the bill, for example, simply shows that lawyers met for a certain amount of time with unidentified persons.
In a letter to The Charleston Gazette, lawyer Brian Glasser said the bill was being released "with proper redactions to protect the attorney-client and attorney work-product privileges."
The bill does show that Bailey & Glasser charged the DEP for nearly $6,000 worth of work performed before the firm's hiring was approved by Attorney General Darrell McGraw on April 9.
Lawyer Ben Bailey, for example, charged $507 for a 2 1/2-hour meeting March 1 with DEP Director Michael Miano.
Glasser charged $1,050 for seven hours he spent on April 1 meeting with DEP in-house lawyer Russ Hunter, preparing "for next moves" in the case and analyzing a hydrlogist's report.
Barbara Allen, a managing deputy to McGraw, has said she reviewed the bill and found the charges to be reasonable. Last week, DEP spokesman Andy Gallagher said that Bailey & Glasser had charged the state $43,000 in the firm's first monthly bill. Gallagher declined to release a copy of the bill, saying it contained material exempt from release under the attorney-client and attorney work-product privileges. Gallagher said a copy of the bill with exempt material removed would only be released if DEP were sued and lost. Bailey is being paid $195 per hour. Glasser is being paid $150 per hour.
In West Virginia, mining companies are literally moving mountains to uncover valuable, low sulfur coal reserves.
Mountaintop removal has become the dominant form of surface mining in the state. Coal operators are blasting off hilltops, and dumping leftover rock and dirt into nearby valleys.
An untold amount of the state has been flattened, and hundreds of miles of streams have been buried. Find out more in this Special Report.



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