Judge outlaws putting sediment ponds in streams below mountaintop-removal coal mines

A federal judge in West Virginia has "essentially outlawed the common coal industry practice" of building sediment-retention ponds in streams below valley fills of mountaintop-removal coal mines, reports Ken Ward Jr. of The Charleston Gazette.

District Judge Robert Chambers ruled Wednesday that the practice violates the Clean Water Act and should not be allowed by the Army Corps of Engineers, which issues stream-discharge permits. "The judge also said the law protects small segments of streams between those ponds and the bottom of valley fills," Ward writes.

West Virginia Coal Association President Bill Raney told Ward that the industry would appeal to the 4th Circuit Court of Appeals. “It’s absolutely astounding to me,” Raney said. “Here’s a judge outlawing a practice that has been in place for almost four decades.”

Ward's story has simple, clear explanations of the issue and mountaintop-removal methods. To read it, click here.