June 15, 1999
City law firm bills DEP another $62,000
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Private lawyers hired to defend the state's regulation of mountaintop removal have billed taxpayers another $62,000, records showed Monday.

The Charleston firm Bailey & Glasser has now billed the state Division of Environmental Protection $106,000 for two months of work, the records show.

The latest bill, submitted June 2, covered fees and expenses for the month of May. Bailey & Glasser submitted an earlier bill for $43,000 in fees and expenses in April.

DEP Director Michael Miano released both bills only after The Charleston Gazette filed Freedom of Information Act requests.

The bills released provide little information about what the lawyers are doing to earn their money.

Brian Glasser, a partner in the law firm, marked out descriptions of the work performed - including places where lawyers traveled and people they met with - before releasing the bills. Glasser contends the information is protected by attorney-client and attorney-work product privileges.

In July 1998, environmentalists sued DEP and the U.S. Army Corps of Engineers. They alleged the agencies issued mountaintop removal mining permits that did not comply with federal law.

In March, Chief U.S. District Judge Charles Haden II issued a preliminary injunction that blocked DEP from issuing the largest mountaintop removal permit in state history.

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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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