Archive: Coal
On Monday, May 16th, Consol filed a motion and memorandum of law asking the Environmental Hearing Board to remove and disregard portions of our Reply Brief, which was filed on May 9th. In event that the Board decided not to remove those portions of our Reply Brief, Consol’s motion requested permission to file a response to our Reply Brief and that the Environmental Hearing Board schedule oral argument before ruling on our motion for summary judgment.
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On Monday, May 9, our Staff Attorney, Sarah Winner, filed a reply brief in our case appealing the mining permit for the Lower East Expansion of the Bailey Mine. We filed a Motion for Summary Judgment at the end of March and since then, the other parties submitted their responses to our motion.
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Last week, the Mining and Reclamation Advisory Board met in Harrisburg to discuss various issues and updates. Many of the discussions and materials presented at the meeting will affect abandoned mine lands and current mining in Washington & Greene counties.
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Yesterday the Center for Coalfield Justice and Sierra Club filed a Motion for Summary Judgment in our appeal of the permits for the Bailey Mine’s Lower East Expansion, which authorize mining under part of Ryerson Station State Park and the surrounding area. We filed our first appeal back in May 2014 against the Department of Environmental Protection for issuing the permit which allows Consol to reduce and eliminate flow in certain streams based on Consol’s promise to try to repair the stream later. This is against the Clean Streams Law and the coal mining regulations that DEP is required to follow. A mitigation plan does not make it lawful to approve harm to streams in advance of mining, as the Department did in this case. The parties in our case are DEP, because they made the decision we are challenging, and Consol, because they have the permits we are challenging.
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