So did a spokesman for Sen. Robert C. Byrd, D-W.Va. A lawyer for the citizens who sought Haden's ruling to curb mountaintop removal promised an appeal to the U.S. Supreme Court. The panel has overturned not only the judge's order, but also the will of Congress. Citizen groups could also ask the full 4th Circuit to reconsider the case before appealing to the Supreme Court. In mountaintop removal, explosives blast off entire hilltops to uncover layers of coal seams.
Huge shovels dig away the coal.
In West Virginia alone, DEP officials have approved permits that allow more than 775 miles of streams to be buried by valley fills. In July 1998, the West Virginia Highlands Conservancy and a group of coalfield residents filed a federal court lawsuit to try to curb mountaintop removal. Lawyers for the citizens alleged that the state DEP and the U.S. Army Corps of Engineers had illegally approved dozens of mountaintop removal permits. They said that the permits did not require companies to protect streams and properly reclaim mined land. Most of the claims in the suit were settled.