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West Virginia Highlands Conservancy v. Norton

West Virginia Highlands Conservancy v. Norton

Lawsuit against federal and state officials challenging the adequacy of West Virginia’s bonding system for surface coal mines under the federal Surface Mining Act.

This lawsuit against federal and state officials challenges the adequacy of West Virginia’s bonding system for surface coal mines under the federal Surface Mining Act. In 2001 the district court found that the federal officials violated their duty to require the state to correct serious defects in the bonding system.  In 2003, the district court declined to set aside federal approval of the state’s plan to correct these defects, but retained jurisdiction to make sure the plan is implemented.  Joe Lovett of Lewisburg, West Virginia, Pat McGinley and Suzanne Weise of Morgantown, WV, and Public Justice’s Environmental Enforcement Project Director Jim Hecker are co-counsel. 

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