Mining the Mountains
October 3, 1998
Corps told to testify in mountaintop suit
Staff writer
Page 2 of 2
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Since the suit was filed, the corps has stopped issuing permits for valley fills.

Joe Lovett, a lawyer for the plaintiffs, wants to question corps officials and review internal agency records about that decision.

Lawyers for the corps asked for a ruling that agency officials did not have to provide depositions in the case, or open their internal records to public scrutiny.

On Friday, U.S. Magistrate Jerry Hogg ruled that the corps had to allow the depositions and release the information that Lovett requested. The ruling is a legal victory for Lovett, because federal agencies rarely have to open themselves up for depositions in such cases.

Hogg also scheduled a hearing before Haden for 9 a.m. Nov. 12 on Lovett's request for a preliminary injunction.

The corps already agreed to a temporary, 60-day moratorium on issuing valley fill permits. That moratorium is scheduled to expire Monday.

 

To contact staff writer Ken Ward Jr., call 348-1702.

 

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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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