EPA to appeal ruling on W.Va.'s Spruce No. 1 Mine

CHARLESTON, W.Va. (AP) - The U.S. Environmental Protection Agency plans to appeal a court ruling that overturned its veto of a key permit for one of West Virginia's largest mountaintop removal mines.

The appeal itself hasn't been filed, but the Charleston Gazette (http://bit.ly/K1AcKf) says the EPA has filed notice of its intent.

U.S. District Judge Amy Berman Jackson ruled in March that the EPA had exceeded its authority in revoking water pollution permits that the Army Corps of Engineers had issued for the project.

In siding with St. Louis-based Arch Coal, she declared the permits for the 2,300-acre Spruce No. 1 mine in Logan County were valid.

The EPA used its veto power in January 2011 for only the 13th time since 1972 to overturn the permit granted under the federal Clean Water Act.

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