February 20, 1999
Mountaintop mine order extended
Judge blocks Arch's Blair operation an additional 3 weeks
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A federal judge late Friday blocked the largest mountaintop removal mine in West Virginia history for another three weeks.

Chief U.S. District Judge Charles Haden II extended a temporary restraining order against Arch Coal Inc.'s proposed Spruce No. 1 Mine for an additional 20 days.

Haden halted the 3,100-acre Logan County mine on Feb. 3 for 10 days. Last week, he extended his order through Tuesday. The new order runs through March 5.

The judge ruled at the end of the third straight full day of hearings this week, the third week of testimony on whether a longer, preliminary injunction against the mine should be granted.

Haden said he would continue hearings on the preliminary injunction request Thursday. The judge also plans to schedule a tour of the proposed mine site and an active mountaintop removal mine, as well as a flyover of Southern West Virginia mine sites.

At the request of Arch Coal lawyer Roger Wolfe, Haden ordered the plaintiffs to post a $5,000 bond. The money would be forfeited to Arch Coal if Haden decides the temporary restraining order wasn't warranted.

Joe Lovett, lead lawyer for the plaintiffs, said he thinks his clients will be able to raise the money. Haden told them to post the bond by the middle of next week.

The West Virginia Highlands Conservancy and a group of coalfield residents challenged state and federal permits for the Arch Coal mine.

Arch Coal subsidiary Hobet Mining Inc. wants to expand its Dal-Tex operation and strip a 5-square-mile area along Pigeonroost Branch near the Logan County town of Blair. The proposal would put rock and earth from the mountaintop on long sections of Pigeonroost and other streams.

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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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