Former Division of Environmental Protection Director Eli McCoy has been hired as an expert witness to defend mountaintop removal permitting in a federal court lawsuit, court records show.
Current DEP Director Michael Miano hired McCoy to testify in the agency's defense, according to a notice filed in U.S. District Court in Charleston.
The notice does not indicate what subjects McCoy will testify about, or disclose what he is being paid.
Bailey & Glasser, a Charleston law firm hired to defend DEP's mountaintop removal policies, arranged for McCoy to testify.
Under the DEP contract with Bailey & Glasser, DEP is required to pay the costs of any expert witnesses.
An initial bill from Bailey & Glasser, made public last month, did not contain any costs for McCoy.
A mountaintop removal report written by McCoy was provided to other parties in the case, but was not filed with Chief U.S. District Judge Charles Haden, court records show.
Brian Glasser, a lawyer for DEP, declined to release the report. DEP spokesman Andy Gallagher also did not release the report.
McCoy, who is now a consultant with the firm Potesta & Associates, would not discuss the matter.
"I'm being paid by a client, and I really don't feel comfortable talking about it," McCoy said last week.