Recently, the Buckeye Forest Council withdrew an appeal opposing stripmining in 25 acres of Wayne National Forest.

The appeal was filed in an effort to make mining permits more difficult to obtain.

Matt Peters, the campaigns coordinator of the Buckeye Forest Council, said the appeal originally was issued to challenge certain aspects of the permit.

"The state issued a permit to the coal mining company giving them permission to wipe out the stream," he said. "Certain elements of the permit were not in compliance with state law."

The permit allowed Buckingham Coal Company to affect an undetermined amount of stream length, he said.

The company did not issue a map, which is one of the requirements.

The Ohio Division of Mines and Reclamation issued the permit, according to a council news release.

The appeal was filed on Jan. 22 of this year and was denied.

The Ohio Division of Mines and Reclamation was unavailable for comment.

Robert Shostak, Buckingham Coal Company's attorney, said all parts of the permit complied with state law.

He said the company did specify an area to be mined.

"They (the council) just did not want mining there," he said. "There was nothing unlawful."

Permits are not issued if an area is not specified, Shostak said.

The coal company took the necessary steps to get the permit issued.

Peters withdrew the appeal because many of the points, such as logging and housing proximity, are now moot, he said.

But Peters said this is not a dead issue, and efforts will be focused on a federal lawsuit.

"We are refocusing on other legal strategies," he said.

The main issue the lawsuit focuses on is the Valid Existing Rights grandfather clause, Peters said.

VER is a federal law intended to stop surface mining on public land, he said.

But Peters said it is often used as a loophole to the Surface Mine Control and Reclamation Act of 1977.

The act was passed by Congress with the intent to stop stripmining on public land, Peters said. But the VER acts as a loophole in the law.

According to the VER, a coal mining company has the right to stripmine public lands.

Over time, the VER has weakened, leaving it open to miners who would lose money if they did not mine the land, Peters said.

"This test is not in compliance with the intent of the federal law," he said.

That is why efforts have been focused on the federal lawsuit, Peters said.

"The lawsuit has a better chance of prevailing and will effect future stripmining," he said. "Hopefully, we can prevent future mines on public lands."

Shostak said the Buckingham Coal Company could lose millions of dollars if it does not mine the area because the coal mined is used with other coal.

"It is like mixing two cups of water together to get a better cup of water," he said.

The courts have had difficulties with the VER, Shostak said.

"If someone has pre-existing rights, the government cannot restrict those rights without paying compensation," he said.

Shostak said the main purpose of the the council's lawsuit is to convince the court to change the statements made in the VER.

"They think the people who made this decision made a mistake," he said. "The result they want is an appeal of the original decision."