The U.S. Army Corps of Engineers will voluntary reexamine a permit for a Massey Energy mine in Logan County.
In a federal court filing, it says it's seeking a remand of the Reylas surface mine permit granted to Massey's Highland Mining Co. in March. The agency tells U.S. District Judge Robert Chambers it could reinstate, change or revoke the permit.
Environmentalists sued days after the permit was granted, alleging violations of the federal Clean Water Act. They claimed the permit would wrongly let Highland bury more than 2 1/2 miles of stream.
Chambers issued a preliminary restraining order and scheduled another hearing for May 10.
Cindy Rank of the West Virginia Highlands Conservancy says residents shouldn't have to sue. She says the corps should more rigorously scrutinize permits from the start.
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