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Carol Raulston
Tom Johnson

FOR IMMEDIATE RELEASE
June 18, 2002

NMA Deeply Disappointed By Denial of Stay in Valley Fill Case

"We are deeply disappointed by Judge Haden's decision today. Once again, the livelihoods of thousands of hard-working people throughout Central Appalachian have been jeopardized needlessly," said National Mining Association President Jack Gerard.

In today's ruling, Federal District Judge Charles Haden denied a motion for a stay pending appeal of his May 8 order, which enjoined the U.S. Army Corps of engineers from issuing new Section 404 fill permits that did not have "a primary constructive purpose for the fill."

Valley fills are necessary for the permanent placement of excess rock and soil excavated during mining, construction and other activities in steep terrain where there are no other viable options for the safe disposition of the material.

The U.S. Justice Department, in its motion for a stay, emphasized the economic consequences of Judge Haden's decision by noting that, "The loss of jobs and revenues would be felt throughout the Region, as hundreds of thousands of individuals face unemployment and local and state governments face a drop in tax revenues, with significant implications."

The Justice Department, the Kentucky Coal Association and others have announced their intention to appeal Judge Haden's decision to the U.S. Court of Appeals for the Fourth Circuit.