Yesterday the Center for Coalfield Justice and Sierra Club filed a Motion for Summary Judgment in our appeal of the permits for the Bailey Mine’s Lower East Expansion, which authorize mining under part of Ryerson Station State Park and the surrounding area. We filed our first appeal back in May 2014 against the Department of Environmental Protection for issuing the permit which allows Consol to reduce and eliminate flow in certain streams based on Consol's promise to try to repair the stream later. This is against the Clean Streams Law and the coal mining regulations that DEP is required to follow. A mitigation plan does not make it lawful to approve harm to streams in advance of mining, as the Department did in this case. The parties in our case are DEP, because they made the decision we are challenging, and Consol, because they have the permits we are challenging.