Bragg V. Robertson: The Continuing Saga Of The Mountaintop Mining Controversy In West Virginia

This paper analyzes the opinion in Bragg v. Robertson, 72 F.Supp. 2d 642 (S.D. W.Va. 1999), a case which threatens the future of surface mining in West Virginia and which will almost certainly result in new policies or rules that will affect surface mining everywhere. This paper addresses: (1) the jurisdictional bases of the action which relies on the federal surface mining laws to enforce a state mining program; (2) settlement agreements reached in the case that threaten to alter federal policies beyond West Virginia borders; (3) a programmatic environmental impact statement on mountaintop mining being undertaken by the federal government; and (4) an opinion by the Court outlawing excess spoil disposal in intermittent and perennial streams.