A federal judge in Cabell County has granted a temporary restraining order that stopped mountaintop removal mining at a mine in Boone County.

Judge Robert C. Chambers issued the restraining order and temporary injunction Oct. 11, halting surface operations at Magnum Coal-owned Callisto Mine. In his order, he said surface mining permits issued by the Army Corps of Engineers are "arbitrarily capricious, contrary to law and contrary to the economic and environmental balance struck by Congress in the passage of relevant environmental statutes."

The injunction and restraining order is Chambers' latest ruling that calls into question the Corps' policies and practices relating to permitting large surface mining operations. In the past six months, Chambers has issued several rulings that have halted or stopped mining activity that require the use of valley fills.

Environmentalist say the valley fill process in which large amounts of rock overburden from mining are dumped in nearby valleys has a terrible impact on the environment, permanently burying streams and headwaters. They also allege the valley fills have a negative impact on humans and animals living nearby.

Coal companies and advocates, however, say valley fills are a necessary part of all mining operations, and that the recent rulings have put a pall over the mining industry in the state. In fact, Jason Bostic with the West Virginia Coal Association said since Chambers' first mountaintop mining ruling came out in March, the Corps has not issued any new mining permits.

"It's a permitting deadlock," he said. "While it is not drastically hurting companies now, it's starting to have an effect. And it will take years to get over. If there is a sudden upswing in the market for coal, West Virginia could be left out of it. We could be lost in the marketplace."

But environmental groups say those challenges are not their fault. They say coal companies and the Corps have failed to follow federal environmental laws for years, and now they are being forced by a judge to follow the rules.

Chambers' ruling affects proposed valley fills at the Callisto Mine that environmental groups say would have permanently destroyed 5,750 feet of streams and tributaries of Roach Branch, Dry Branch and Lem White Branch of Pond Fork, all of which eventually flow into the Little Coal River.

Chambers' order will halt Callisto's plan to begin new valley fill activities at the site until the he can rule on the groups' challenge to the company's permit.

"The judge just gave hope to other affected residents that live in communities near this type of destructive illegal mining," said Judy Bonds of Coal River Mountain Watch in a news release. Coal River Mountain Watch, the Ohio Valley Environmental Coalition and the West Virginia Highlands Conservancy filed the series of court challenges that have questioned the permitting process used by the Corps.

"We have hope now that coal companies will no longer be allowed to mine coal in our homes," Bonds said.

Chambers' ruling came two weeks after a hearing took place in his courtoom. Bostic said the company was very specific in saying that operations at the Callisto surface mine would be in dire straits if the company did not acquire the valley fill permit. They said it would be very difficult for the company to keep workers on site and said it was very possible that workers at the surface mine would be laid off.

Callisto Mine's surface operation employs about 30 people.

"The judge disregarded that and found for the plaintiffs," Bostic said. "He struggled to blame the economic losses on the company when he should have been blaming himself. Absent this ruling, those people would be working and coal would be coming out of the ground."

Bostic said the Callisto operation also includes a preparation plant and deep mine. He said Magnum Coal officials said those operations might be in jeopardy, too.

Environmentalist groups say their goal has never been to put people out of work. Instead, they said their goal is to make sure thousands of miles of narrow streams and creeks are protected.

"Inch by inch, mile after mile, these illegal fills are changing the face of West Virginia, burying valuable stream valleys and destroying the lives of people who have lived in these valleys for generations," Cindy Rank of the West Virginia Highlands Conservancy said in a news release. "We are grateful for Judge Chambers ruling; no one wants to put another person out of work, but the promise of jobs based on illegal permits is not fair either."