Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of Engineers

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Chief Judge TRAXLER and Judge

WILKINSON joined. Judge WILKINSON wrote a separate concurring opinion.

OPINION

NIEMEYER, Circuit Judge:

In connection with a proposed surface coal mine adjacent to Reylas Fork (a stream) in Logan County, West Virginia, the West Virginia Department of Environmental Protection (“WVDEP”) issued Highland Mining Company a permit under the Surface Mining Control and Reclamation Act (“SMCRA”) to do the mining, finding that the proposed mine would not cause material damage to the hydrologic regime. The…