COLUMBUS, Ohio (AP) – An appeals court has overturned a federal judge’s decision to allow tunneling beneath a state park in southeastern Ohio.
The Columbus Dispatch reports the 6th U.S Circuit Court of Appeals Thursday ordered that a U.S. Army Corps of Engineers lawsuit against Buckingham Coal Co. and the state of Ohio be reinstated.
The Corps sued in 2011 to stop Buckingham Coal from creating a 41-acre tunnel that connects an active Buckingham mine with coal reserves east of Burr Oak State Park. The coal company and the state negotiated an agreement in 2010 to allow the tunneling.
The three-judge appeals panel wrote that the state needed the Corps’ approval to give up coal interests in the state-park land.
An Ohio attorney general spokesman says the state is deciding whether to appeal.
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