For the past 15-20 years, Mountaintop Removal (MTR) mining has wreaked destruction on Appalachia’s Cumberland Plateau, blasting peaks of sandstone and shale into stream beds to expose the coal for mining. Streams may be buried under 40 feet of such “overburden,” often requiring a huge pond that collects sediment but creates a flood hazard downstream.

 

Meanwhile, trucks carrying 80,000 tons of coal hustle down narrow roads around the clock. Most houses in these narrow “hollers” are 25 feet from the road so children must be kept inside away from truck traffic and clouds of coal dust. Gardening or sitting quietly on the porch have become impossible. Blasting occurs until 11:00 p.m.

 

Atty. John Harbison describes this case as logistically the most difficult he’s ever done. His Coal Team’s goal is to mitigate Mountaintop Removal impacts by attacking the U.S. Corps of Engineers’ clean water permits and bringing nuisance suits on behalf of individuals whose quality of life has been shattered. Unfortunately, the Team finds itself “playing a game of Catch-22 with the Corps,” Harbison said. The feds refuse to release permits until a Freedom of Information Act request is filed.  The 3-4 week delay gives coal operators time to fill a couple of streams...too late for a preliminary injunction to save them.