Well, WVDEP Secretary Randy Huffman called it the worst ruling I’ve ever seen out of the EQB as far as a lack of respect for the rule of law, so it probably is no surprise that the agency has appeal the state Environmental Quality Board’s decision in the case over International Coal Group’s New Hill West surface mine in Monongalia County.

I’ve posted a copy of the WVDEP appeal, filed in the circuit court of Kanawha County, here.

Among other things, WVDEP lawyers argue in the appeal:

The board’s findings that numerous scientific studies have shown that declines in stream macroinvertebrate communities directly downstream of surface mining operations are caused by the combined effects of heightened concentrations of ions was clearly wrong in the view of the reliable, probative and substantial evidence in the record.