In a landmark decision, a federal judge ruled yesterday that controversial mountaintop-removal mining operations cannot bury streams under tons of waste rock and earth. Valley fills caused by such mining violate the federal Clean Water Act as well as federal and West Virginia mining rules, the judge ruled. In mountaintop removal, operators use explosives to blast off entire hilltops to get at coal; bulldozers and huge shovels then dump leftover rock and earth into nearby valleys. This type of mining has caused more than 470 miles of West Virginia streams to be buried or proposed for burial since 1986. In another important environmental decision, the Montana Supreme Court ruled yesterday that the state constitution protects the environment not only against real pollution but anticipated and potential pollution.
