RAYMOND PROFFITT FOUNDATION NEWS RELEASE

RPF SUES U.S. ARMY CORPS 
TO STOP VALLEY FILLS IN PENNSYLVANIA

     On September 22, 1998, the Raymond Proffitt 
Foundation sued the U.S. Army Corps of Engineers in 
Pittsburgh federal court.  The Corps had approved Vesta 
Mining Company's permit to destroy over three acres 
of wetlands and two miles of stream so it may dispose 
of coal refuse.  Vesta plans to create a valley fill in 
Scenery Hill, PA to handle over 30 million tons of coal 
refuse from a proposed longwall mine that will affect 
over 8,000 acres.

     The Foundation believes the permit was issued
illegally because the Corps does not have authority to
allow the conversion of waters of the United States into
a waste disposal site.   The Corps can only allow for
the discharge of dredged or fill material to elevate the
bottom of a wetland or stream.  Typically, Corps permits
are issued so that marinas or housing developments
can be built---not landfills.

     Disposing of coal waste, even on a lined site,
should require a pollution discharge permit issued by
the state.  While the state has issued a discharge
permit to Vesta to discharge from the site, it has not
issued a permit to discharge onto the site.

     The Foundation also alleges that the Corps cannot
issue the permit because it would violate state water
quality standards.  Pennsylvania and federally imposed
antidegradation water quality standards prohibit the
destruction of streams.  Other allegations are that the
Corps failed to consider the effects of the overall
project, which will affect other wetlands and streams;
and that the proposed mitigation is inadequate.

     This is the fourth lawsuit the Foundation has filed
opposing valley fills.  The Foundation appealed the
issuance of the Vesta permit (State Hearing Board),
Pennsylvania's issuance of permits without Office of
Surface Mining (OSM) approval (Pittsburgh federal
court), and OSM's conditional approval of Pennsylvania's
valley fill program (Harrisburg federal court).

     Joe Turner, a Director and Officer of the Foundation,
says that "we fought for over four years to successfully 
make antidegradation the law in Pennsylvania, and valley 
fills violate that law.  We will keep filing lawsuits 
until both state and federal governments decide to obey 
the law."

     For information, contact John Wilmer, Esq. (610)
565-2736 or jwilmer@ix.netcom.com

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