Judge: Ohio within rights to issue coal permit

COLUMBUS, Ohio (AP) — A federal judge has ended a lawsuit in favor of the state of Ohio over mine tunnels being developed within the watershed of an Ohio state park reservoir.

A lawsuit by the U.S. Army Corps of Engineers alleged Ohio’s 2010 decision to issue a permit to Buckingham Coal Co. violated a 1948 state-federal agreement that created the park and reservoir.

The state contended the 1948 agreement didn’t prevent Ohio from leasing coal rights.

Federal judge James Graham sided with the Ohio Department of Natural Resources Thursday, saying the government hadn’t presented evidence that Ohio breached any obligations with the Corps.

Buckingham’s project would link an existing mine about two miles from Burr Oak State Park in southeast Columbus with new coal reserves.

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