Archive: litigation
Starting in 2014, we partnered with the Sierra Club to bring an appeal to a permit that authorized longwall coal mining that predicted severe stream impacts in and around Ryerson Station State Park in Greene County. At the heart of the appeal is whether Consol’s right to longwall mine trumps the protections set forth in the Clean Streams Law, the Department’s mining regulations, and Article 1, Section 27 of the Pennsylvania Constitution.
Read MoreDear Supporters,
As we begin our long-awaited trial before the Environmental Hearing Board, I’d like to take a moment to say thank you. Thank you to all of our members who have attended DRYerson Festivals for the past ten years. Thank you to all those who have donated your precious time and resources to support our organization’s fight for environmental justice. Thank you to all those who have shared our message with family, friends, neighbors and colleagues. We could not do this work without you, and for that, I thank you.
Read MoreOn 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.
Read MoreOn 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.
Read MoreYesterday 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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