BRAGG V. ROBERTSON: THE CONTINUING SAGA OF THE MOUNTAINTOP MINING CONTROVERSY IN WEST VIRGINIA

摘要

This paper analyzes the opinion in Bragg v.rnRobertson, 72 F.Supp. 2d 642 (S.D. W.Va. 1999), arncase which threatens the future of surface mining inrnWest Virginia and which will almost certainly result inrnnew policies or rules that will affect surface miningrneverywhere. This paper addresses: (1) thernjurisdictional bases of the action which relies on thernfederal surface mining laws to enforce a state miningrnprogram; (2) settlement agreements reached in therncase that threaten to alter federal policies beyondrnWest Virginia borders; (3) a programmaticrnenvironmental impact statement on mountaintoprnmining being undertaken by the federal government;rnand (4) an opinion by the Court outlawing excessrnspoil disposal in intermittent and perennial streams.