Follow-up stories: April 1998 to August 1999 August 1999 to present Search this series Read Judge Haden's rulings: Buffer Zone Preliminary injunction Order granting stay Ruling by the 4th U.S. Circuit Court of Appeals (Adobe Acrobat required) Special Features Today's front page Century Snapshots Bulletin Board Readers' forum Recipes Other Features Horoscopes U.S./World Weather Movie Listings Television W.Va. Lottery About the Gazette Contacting us E-mail addresses Getting in print History FAQ Subscription info Classified rates		The Haden Appeal Sunday, Dec 3, 2000: Appeal challenges ruling to protect streams from mining Impact of decision on coal still unclear On Oct. 20, 1999, Chief U.S. District Judge Charles H. Haden II signed a 49-page court order to limit mountaintop removal coal mining.-- Ken Ward Jr. Mining appeal focuses on obscure stream rule On Thursday, a panel of federal judges in Richmond, Va., will debate ephemeral streams, overburden placement and buffer zone rules.-- Ken Ward Jr. Chronology Here is a list of significant events in the Bragg vs. Robertson mountaintop removal case:-- Ken Ward Jr. Monday, Dec 4, 2000: Mining appeal could turn on court's jurisdiction The appeal of a federal court ruling to limit mountaintop removal may be decided on a legal issue that has nothing to do with coal mining or the environment.-- Ken Ward Jr. Conservative court to decide mountaintop removal case Last year, The New York Times called the 4th U.S. Circuit Court of Appeals “the boldest conservative court in the United States.”-- Ken Ward Jr. Tuesday, Dec. 5, 2000: Feds want smaller mines - but how much smaller? Case could be sent back for Haden to decide Federal environmental regulators want mountaintop-removal valley fills to be smaller.-- Ken Ward Jr. The oral argument Thursday, Dec. 7, 2000: Mining hearing today; ruling hurts citizens RICHMOND, Va. - Over the last year, coal operators and mine workers have fought a federal court ruling to limit mountaintop removal in press conferences, protests and Congressional power plays.-- Ken Ward Jr. Friday, Dec. 8,2000: Mining dispute heats up Mountaintop coal removal isn't feds' concern, DEP says RICHMOND, Va. - On Thursday, a federal appeals court questioned whether citizens could go to federal court to try to limit mountaintop removal coal mining.-- Ken Ward Jr. Sunday, Dec. 10, 2000: Court could halt federal suits in mining case RICHMOND, Va. - Last week, Doyle Coakley drove more than six hours from his home in Webster County, W.Va., to Richmond.-- Ken Ward Jr. The ruling Wednesday, April 25, 2001: Mountaintop removal ruling tossed State's sovereign immunity barred Haden from hearing lawsuit, appeals panel says A federal appeals court panel on Tuesday overturned Chief U.S. District Judge Charles H. Haden II's ruling to limit mountaintop removal coal mining.-- Ken Ward Jr. Thursday, April 26, 2001: Byrd, Rahall wanted ruling made on merit Both pleased that mountaintop mine ruling overturned Sen. Robert C. Byrd and Rep. Nick J. Rahall said Wednesday that they were pleased that a federal court ruling to limit mountaintop removal was overturned.-- Ken Ward Jr. Wise praises appeals court ruling State can police mining, he says Gov. Bob Wise on Wednesday offered a vigorous defense of mountaintop removal coal mining and praised the rejection of federal court-ordered limits on valley fill size.-- Ken Ward Jr. Friday, April 27, 2001: New mining decision raises questions In 1997, three 4th Circuit Court of Appeals judges ruled that state mining regulations become federal law when the U.S. Office of Surface Mining approves them.-- Ken Ward Jr. UMW praises ruling United Mine Workers President Cecil Roberts said Thursday that he hopes an appeals court ruling on mountaintop removal helps put 400 laid-off miners in Logan County back to work.-- Ken Ward Jr. Sunday, April 29, 2001: Huge strip mine back on table Proposed Logan operation would be W.Va. record The largest strip mine ever proposed in West Virginia is back.-- Ken Ward Jr. Valley fill questions not resolved by ruling In Boone County, Independence Coal Co. wants to bury nearly 5 miles of streams along Jacks Branch near Uneeda.-- Ken Ward Jr. Wednesday, January 23, 2002: Court lets mine rule stand The U.S. Supreme Court declined Tuesday to weigh in on the legal battle over mountaintop removal coal mining. --Ken Ward Jr. Gazette coverage: To read past Gazette stories, columns and editorials about mountaintop removal, go to The Gazette Online. Bragg v. Robertson complaint: Haden made his decision based on this Second Amended Complaint, filed in U.S. District Court in Charleston. District Court Rulings: (These documents are available in .pdf format. If you don't have Acrobat Reader on your computer, go here.) Preliminary injunction ruling, March 3, 1999. In this ruling, Chief U.S. District Judge Charles H. Haden II blocked a permit to expand the Arch Coal Inc. Dal-Tex mountaintop removal site near Blair, Logan County. Summary judgment ruling, Oct. 20, 1999. In this ruling, Haden concluded that valley fills violate the stream buffer zone ruling. Order granting stay, Oct. 29, 1999. In this order, Haden suspended his buffer zone ruling pending an appeal by the state and the coal industry. Briefs filed with the 4th U.S. Circuit Court of Appeals: Opening brief of federal regulatory agencies. Opening brief of coal industry intervenors. Opening brief of West Virginia Division of Environmental Protection. Brief of West Virginia Highlands Conservancy. Reply brief of federal regulatory agencies. Reply brief of federal government agencies. Reply brief of West Virginia DEP. Friend of the Court briefs: State of Virginia AEI Resources Inc. Washington Legal Foundation National Mining Association Interstate Mining Compact Commission Friends of the Earth Ruling by the 4th U.S. Circuit Court of Appeals U.S. Supreme Court: Court lets mine ruling stand Other sources for more information: Most of the documents filed in the mountaintop removal case can be downloaded from the U.S. District Court's web site. Go to the site, click on "District cases," and search for case number 2:98-cv-636. Information about the 4th Circuit Court of Appeals is available on the court's web site. The court's previous opinions are also available through the Emory University School of Law. The Surface Mining Control and Reclamation Act is available from the federal Office of Surface Mining Internet site. Or download it here. For other OSM information about mountaintop removal, go to the agency's Mountaintop Removal site. For information about the ongoing Environmental Impact Statement on mountaintop removal, visit this EPA web site. Environmental groups: West Virginia Highlands Conservancy Ohio Valley Environmental Coalition Save Our Waters Coal industry organizations: National Mining Association West Virginia Coal Association Americans for Balanced Energy Questions, comments? Send e-mail to reporter Ken Ward Jr. Or, write a letter to the editor.