Supreme Court Rejects Spruce Mine Mountaintop Removal Case

The U.S. Supreme Court won’t consider a case alleging the EPA overstepped its authority by retroactively vetoing mountaintop removal permits it deemed unacceptably harmful to water quality.

The U.S. Supreme Court says it won’t consider the case of Mingo Logan Coal v. U.S. Environmental Protection Agency, a lawsuit challenging the EPA’s authority to veto mountaintop removal permits that would cause unacceptable harm to water quality and wildlife.

In this case, the permits in question are for Arch Coal’s Spruce Mine No. 1., which would span more than 2,000 acres and is the largest mountaintop removal mine ever proposed in West Virginia.

The court’s decisions comes almost a year after an appeals court sided with the EPA in the case, which dates back to the agency vetoed permits approved by the U.S. Army Corps of Engineers in 2011.

Appalachian Voices applauds this decision and urges the EPA and the Obama administration to hold strong in their ongoing efforts to protect clean water and Appalachia from mountaintop removal coal mining. As it becomes more difficult for large-scale mountaintop removal projects like the Spruce Mine to move forward, the coal industry will likely become more aggressive and desperate in their attacks.

“The EPA acted in accordance with the law when they vetoed this permit,” says Kate Rooth, Appalachian Voices’ campaign director. “Preserving its ability to do so in the future is critical for protecting vital watersheds and downstream communities threatened by mountaintop removal throughout Appalachia.”

Today’s news is also another indication that the effectiveness of the coal industry’s “war on coal” narrative is waning. Charleston Gazette reporter Ken Ward Jr. shared this statement on his Coal Tattoo post earlier from Jim Hecker of Public Justice — one of the lawyers who worked on the case that initially blocked the Spruce Mine:

“The coal industry has falsely painted the Spruce mine veto as an example of EPA overreach and a ‘war on coal,’ when in fact EPA’s authority to veto this permit is obvious from the face of the statute and EPA’s decision is based on clear scientific evidence of serious environmental harm from mining.”

The yearslong case will now continue in lower courts that have yet to rule on parts of the lawsuit.

About Brian Sewell

Brian is an environmental news junkie concerned with our lagging energy policy and revealing the true cost of coal on our health, the environment and the climate. He is Appalachian Voices' Director of Strategic Advancement.