Environmental groups announced today that they are asking the U.S. Supreme Court to review the latest federal court ruling on mountaintop removal coal mining.
Lawyers from Earthjustice and the Appalachian Center for the Economy and the Environment filed this petition. They want the Supreme Court to review a 4th Circuit Court of Appeals decision that overturned a ruling by U.S. District Judge Robert C. Chambers.
Citing the “alarming cumulative stream loss” to valley fills, Judge Chambers had ruled in March 2007 that the federal Army Corps of Engineers failed to conduct proper environmental reviews before issuing Clean Water Act permits for valley fills. In February, the 4th Circuit ruled that Chambers wrongly did not defer to the Corps’ own judgment on those environmental reviews.