In the Shadow of the Fourth Circuit: Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

Clark, Sara
February 2008
Ecology Law Quarterly;2008, Vol. 35 Issue 1, p143
Academic Journal
The article presents an analysis regarding the ruling of the Fourth Circuit between the Ohio Valley Environmental Coalition (OVEC) v. United States Army Corps of Engineers (Corps) on mountaintop removal coal mining. OVEC argues that the Corps have violated the Clean Water Act (CWA), the National Environment Policy Act (NEPA), and associated regulations and the allegation was supported by the court of Southern District of West Virginia. However, Fourth Circuit overturned the decision, stating that district court failed to give deference to the Corps.


Related Articles

  • Coal Mine Ruling Clips Army Corps. Wright, Andrew G. // ENR: Engineering News-Record;7/19/2004, Vol. 253 Issue 3, p16 

    A federal judge ordered the U.S. Army Corps of Engineers to put the brakes on a controversial coal mining method called mountaintop removal with a July 8 ruling. In using a streamlined permitting process to approve valley fills, the Corps violated the federal Clean Water Act, U.S. District Judge...

  • White House challenges decision on coal mining. Truini, Joe // Waste News;9/13/2004, Vol. 10 Issue 10, p3 

    This article reports that the U.S. administration of President George W. Bush, is challenging a federal court ruling that has effectively halted mountaintop coal mining in southern West Virginia. Meanwhile, the group that brought the case to court believes the president is paying back the...

  • Public Comment Period for Joint Rapanos Guidance Extended.  // National Wetlands Newsletter;Jan/Feb2008, Vol. 30 Issue 1, p21 

    The article announces the extension of the public comment period by the U.S. Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers for decision of the U.S. Supreme Court in the Rapanos vs. United States case. The U.S. EPA, and the U.S. Army Corps of Engineers have teamed-up...

  • Poverty and Mortality Disparities in Central Appalachia: Mountaintop Mining and Environmental Justice. Hendryx, Michael // Journal of Health Disparities Research & Practice;Winter2011, Vol. 4 Issue 3, p44 

    No abstract available.

  • SAVE OUR SONORAN, INC. V. FLOWERS: NAVIGABLE WATERS AND SMALL HANDLES IN THE DRY, DRY DESERT. Howard, Gordon H. // Environmental Law (00462276);Summer2005, Vol. 35 Issue 3, p605 

    A square-mile block of the Sonoran Desert on the fringe of the Phoenix Metropolitan Area seems an unlikely place to apply the section 404 dredge and fill provisions of the Clean Water Act (CWA). While the United States Army Cows of Engineers (Corps) asserted jurisdiction over a proposed dredge...

  • Bishops criticize removal of mountaintops for mining. Donovan, Gill // National Catholic Reporter;1/10/2003, Vol. 39 Issue 10, p7 

    Reports that the four head of Kentucky's dioceses have backed efforts to halt the practice of mountaintop removal in coal mining.

  • The Pricetag of Choice. Wellington, Beth // Appalachian Journal;Fall2011/Winter2012, Vol. 39 Issue 1/2, p16 

    An excerpt is presented from the article "The myth of mountaintop removal mining" by Beth Wellington, originally published in the August 19, 2011 issue of "The Guardian."

  • Further Developments in the D.C. Circuit's Article III Standing Analysis: Are Environmental Cases Safe From the Court's Deepening Skepticism of Increased-Risk-of-Harm Claims? Sturkie, Cassandra; Logan, Suzanne // Environmental Law Reporter: News & Analysis;Jul2008, Vol. 38 Issue 7, p10460 

    Following the issuance of two significant decisions in 2006 addressing whether claims of "probabilistic" injury are cognizable for Article III standing purposes, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit has continued to develop its jurisprudence on this important...

  • Stop Mountaintop Mining. Hightower, Jim // Progressive Populist;12/1/2008, Vol. 14 Issue 21, p3 

    The article focuses on the environmental issue regarding the proposal of U.S. Office of Surface Mining to clarify the rule regarding when coal mining companies can dump waste in streams. It cites that the proposal will modify the rule that prohibits mountains rumble within 100 feet of valley...


Read the Article


Sign out of this library

Other Topics