In this June 6, 2011 photo, this historical marker along W.Va. Route 17 in Blair, W.Va., is the only visible sign of the 1921 battle here between thousands of armed, unionizing coal miners and the thousands of law enforcement officers and security guards hired to defeat them. At least 16 men died on the mountain, which could be turned into a strip mine. (AP Photo/Vicki Smith)
Word just in today that a federal judge in Washington, D.C., has ruled against the Sierra Club and other groups in their efforts to have Blair Mountain returned to the National Register of Historic Places.
I’ve posted a copy of the ruling by U.S. District Judge Reggie B. Walton here, but in short, the judge ruled that the citizen groups could not meet one of the requirements to show “standing” to bring the case, that of “redressability,” or that a favorable ruling from the court would redress their injury. The judge explained:
It is likely, therefore, that surface mining would be permitted on the Blair Mountain Battlefield as a result of permits that were acquired prior to the historic district’s inclusion on the National Register. An order from this Court restoring the Blair Mountain Battlefield to the National Register, therefore, will not prevent mining from occurring should the coal mining companies who own existing permits choose to exercise their rights afforded by the permits. The Court having only a limited ability to redress the plaintiffs’ asserted injuries, the plaintiffs have failed to meet their burden under the final prong of the standing inquiry.