Court orders Corps to fix errors, but won’t toss coal permits

Alabama's Black Warrior River basin provides drinking water to Birmingham and Tuscaloosa. (© Beth Young)

For over two years, SELC and our partners have been working to get rid of a harmful, controversial permit that allows for unlimited filling of streams and wetlands with mining material in the Black Warrior River basin, a major source of drinking water for Birmingham, Tuscaloosa, and other Alabama communities.

A federal court ruled in our favor this week by forcing the Corps to go back and reassess whether the impacts from surface mining activities at the 41 permitted sites are really minimal based on an admission by the Corps – on the eve of oral argument – that it dramatically underestimated impacts of this permit.

The use of this general approval, known as Nationwide Permit 21, has been suspended in other Appalachian states because of its detrimental impacts on water quality. One major concern with Nationwide Permit 21 is that it does not require individual review of each mining site, a practice that is a standard for most surface mining activities.

Unfortunately, the ruling stopped short of requiring that the 41 permits be vacated until the Corps finishes its recalculation, meaning unlimited stream filling can continue during that time.   

Read our full press release on the ruling.

More News

With latest environmental attack, Trump administration seeks to further silence vulnerable communities

Today the Trump administration said it will issue an executive order directing federal agencies to bypass a longstanding bedrock environmental la...

Standing in solidarity

A statement from the Southern Environmental Law Center Executive Director Jeff Gleason: The horrific murders of George Floyd, and of Breonna Tay...

Years of fierce fighting end with floodplain preserved

With the recent $3 million sale of 547 acres of floodplain property, a 20-year saga over a billion-dollar South Carolina development came to a lo...

Decision to log forest ignores public input and science, threatens trout streams

In a decision announced May 22, the U.S. Forest Service committed to charging ahead with irresponsible plans to log in the headwaters of the Nant...

SELC op-ed: N.C. DOT should look beyond road building to projects that build stronger communities

As the North Carolina Department of Transportation faces multiple challenges made worse by the global health crisis at hand, now is our chance to...

Mega-landfill proposal threatens rural community, historic school

The proposed construction of a massive landfill in rural Cumberland County, Virginia, led SELC lawyers and the University of Virginia Law School’...

More Stories