I'm just back from a status conference where U.S. District Judge John T. Copenhaver heard from citizen groups, state officials and the federal government regarding the status of West Virginia's Special Reclamation Fund — the WVDEP program meant to clean up coal-mine sites abandoned since 1977.
I'm fearful that we'll find out that even this schedule won't be met and even this will be delayed.
The judge was talking about the schedule included as part of a settlement between WVDEP and the West Virginia Highlands Conservancy, in which the state agrees to improve water pollution treatment at dozens of abandoned sites around the state.
Judge Copenhaver is considering whether to approve that settlement, and also is considering a separate legal effort by the Highlands Conservancy to force the federal Office of Surface Mining Reclamation and Enforcement to take over West Virginia's special reclamation program.
We'll have more on this in tomorrow's Saturday Gazette-Mail.
If a judge expresses that a party to a settlement agreement before him is likely unable to fulfill the terms of the proposed terms, the judge cannot find such a motion to be approvable.
The history of WVDEP fulfilling its responsibilities is not good. Its coaling mining and reclamation program has been inadequately staff forever.
As this has gone on for over three decades, some more decades won't make it any worse — WRONG.