Injunction may shut Murray's 5 million-st/yr Powhatan No. 6 mine

New York (Platts)--28Aug2006

Buckeye Forest Council has fired another shot in its long-running battle
against mining under Dysart Woods, an old-growth forest in southeastern Ohio,
this time seeking an injunction against Ohio Valley Coal's Powhatan No. 6
underground mine.

If injunctive relief is granted by Ohio's 7th District Court of Appeal,
Powhatan 6 would shut down, Michael Gardner, attorney for the Robert
Murray-owned company, told Platts Friday. Powhatan produces more than 5
million short tons of coal annually.

The council and coal company have butted heads over Dysart Woods for more than
five years. Ohio Valley Coal says it has no intention to longwall mine beneath
the woods, which is owned by Ohio University, but may extract coal it controls
under the forest through room-and-pillar operations.

Powhatan has longwall mined "up to 300 feet from the woods" -- the closest the
company says its longwall ever will come to the 437-acre forest, Gardner said.

But room-and-pillar mining could begin under the forest in December, and the
council "doesn't want us to do any room-and-pillar mining under Dysart Woods,"
he said. Powhatan would mine under only about 20% of the forest.

The council tried twice unsuccessfully to persuade the Ohio Reclamation
Commission that longwall mining would harm the forest.

Ohio Valley Coal contends the council's court appeal is "nothing more than a
rehash of its tired and worn arguments that the Reclamation Commission found
to be without merit."

Council officials could not be reached for comment Friday afternoon.

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