Supreme Court Denies Arch Coal More Mountaintop Removal at Spruce Mine No. 1

The Supreme Court did a good thing today, rejecting an appeal from Arch Coal to review a decision by the U.S. District Court of Appeals. The original ruling of the District Court, which goes back to April of last year, found that the EPA could withdraw a previously approved Clean Water Act permit. The permits are granted to allow for pollution of waters and the filling in of streams. Coal companies need these permits to operate their mountaintop removal mines and dump the waste rock and soil or “overburden” from the mines into adjacent valleys and streams.

            Arch coal had sought the permit, and received the permit from the Army Corps of Engineers, to expand its Spruce Mine No. 1 in West Virginia. The Spruce Mine is already huge; with the permit it would have made it the largest such mine in the Mountain State. The EPA had rescinded the permit retroactively, after the Corps had granted the permit.

            Arch Coal said that wasn’t kosher. The District Court said it was. And now the Supreme Court has said that decision stands. We are not totally out of the woods on this, but this is a good turn of events.