Bailey Mine Litigation Settlement and Commonwealth Court Appeal Update

 Kent Run at Ryerson Station State Park. (Photo credit: Sarah Winner)

Kent Run at Ryerson Station State Park. (Photo credit: Sarah Winner)

A Stipulation of Settlement Entered in Permit Revision 204 Litigation

Permit Revision 204 authorized longwall mining beneath Kent Run and Polen Run in the 3L panel of the Bailey East Expansion. In January 2017 we successfully petitioned for a supersedeas that prohibited Consol from conducting longwall mining beneath Kent Run in the 3L panel, located within the park, while the appeal is pending.

As part of Permit Revision 209, the DEP approved a revised mining map submitted by Consol that shows development mining only beneath Kent Run. As a result, on January 5, 2018, we entered into a stipulation of settlement with the DEP and Consol. In the settlement, the parties agreed to quit fighting now and also agreed that we can pick the fight back up again if the DEP approves longwall mining beneath Kent Run in the future.

The settlement agreement recognizes and makes clear that Consol no longer has permission to conduct longwall mining under Kent Run in the 3L panel, which is located within Ryerson Station State Park. It also states that any future authorization of longwall mining would require a permit revision subject to public notice and comment. In other words, if Consol ever wants to return to the 3L panel and longwall mine beneath Kent Run, it will be required to go through the permit application process again.

Any future authorization of longwall mining beneath Kent Run in the 3L panel would be a final DEP action that is appealable to the Environmental Hearing Board (EHB). The agreement preserves our ability to raise any factual and legal issues that we identified in the Permit Revision 204 Appeal, including issues related to post-mining stream mitigation in Kent Run, in an appeal of any future permit revision which reauthorizes longwall mining.

Consol Discontinued its Appeal of EHB Decision on Permit Revision 180 and 189

On August 15, 2017, the Environmental Hearing Board (EHB) delivered a major victory to CCJ, Sierra Club and their members in a consolidated appeal of two longwall mining permits for the Bailey Mine: Permit Revision No. 180 and Permit Revision No. 189. Shortly thereafter, Consol appealed the EHB’s decision to the Pennsylvania Commonwealth Court.

On January 9, 2018, Consol discontinued its appeal of the EHB’s decision. That decision, which sets forth important guidance for evaluating longwall mining applications in the future and provides stronger protection for Pennsylvania streams, cannot be overturned.