Environmental groups and the Justice Dept. are battling it out in federal court over the legality of Corps of Engineers wetlands permits issued for disposal of mining waste. In July, the Ohio Valley Environmental Coalition and other groups scored a victory in U.S. District Court in Huntington, W.Va., when Judge Joseph R. Goodwin ruled that the Corps' Nationwide Permit 21 violated the Clean Water Act. He barred the Corps from authorizing work under the permit in waterways in the southern district of West Virginia. The Justice Dept. appealed Goodwin's ruling.
In the latest development, environmental groups on Dec. 3 filed a motion in district court alleging that the Corps broke the injunction and asking Goodwin to find the agency in contempt. Justice filed its response on Dec. 7, arguing that Corps has complied with the judge's orders.