A federal judge is allowing a Massey Energy subsidiary to continue work on a new West Virginia coal mine while he considers arguments that the mine's permit should be vacated.
U.S. District Judge Robert Chambers has set a hearing for March 22 on a challenge filed Tuesday by the Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy.
The groups argue that the U.S. Army Corps of Engineers-issued permit should be rejected because it allows Highland's new Reylas mine to bury more than 13,000 feet of stream bed in violation of the Clean Water Act.
Massey General Counsel Shane Harvey says Chambers allowed Highland to continue building sediment ponds, but halted other work at the site.
The new mine is located in Logan County.
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