West Virginia governor to continue lawsuit over vetoed mountaintop-removal mine

Just hours after the Environmental Protection Agency vetoed a major mountaintop removal project, West Virginia’s acting governor underscored his support for a lawsuit to overturn the agency’s decision.

In his State of the State address Wednesday night, acting West Virginia Gov. Earl Ray Tomblin promised to “aggressively pursue our state's lawsuit against the EPA” on its efforts to block mountaintop removal mining at the Spruce No. 1 Mine.

Tomblin, in a statement released shortly after EPA announced its veto, said, “We will continue with all efforts to get this decision reversed.” A spokeswoman for the governor confirmed that Tomblin plans to continue the state’s lawsuit on the issue.

Under former West Virginia Gov. Joe Manchin (D), who left the governorship once he was elected to the Senate, the state of West Virginia sued the EPA over its intention to veto the Spruce No. 1 Mine permit.

For his part, Manchin, in a statement, called on his fellow senators to oppose EPA’s decision.

“While the EPA decision hurts West Virginia today, it has negative ramifications for every state in our nation, and I strongly urge every senator and every member of Congress to voice their opposition,” he said, adding, “I plan to do everything in my power to fight this decision.”

Sen. Jay Rockefeller (D-W.Va.) told President Obama in a letter Thursday that he is “deeply angered” by EPA’s decision and warned, “The fight is not over.”

Rep. Shelley Moore Capito (R-W.Va.) raised similar frustrations.

“This action is hard evidence of the EPA’s anti-coal agenda, as well as their intent to use their regulatory authority to dismantle the coal industry,” she said in a statement Thursday. “What’s more, this veto puts all previously issued permits at risk, casting a wide veil of uncertainly over not just coal, but any industry subject to 404 permits.”