[link|http://www.wvsd.uscourts.gov/opinions/index.cfm|[link|http://www.wvsd.uscourts.gov/opinions/kftcvace.pdf|http://www.wvsd.usc...kftcvace.pdf]]. It's an 83kB .PDF.
Purportedly acting under the CWA, 33 U.S.C. \ufffd 1344 (\ufffd 404),
the Corps has permitted surface coal mining operations to dispose
of overburden waste from mountaintop removal coal mining by filling
hundreds of miles of streams in Appalachia. Appalachian coal
occurs in narrow seams separated by dirt and rock called
\ufffdoverburden\ufffd or \ufffdspoil.\ufffd In mountaintop removal mining, the
overburden is blasted with explosive charges and pushed out of way
to expose the coal seams. The overburden, which is nothing but
waste, is disposed of by creating valley fills, that is, literally,
filling the valleys with waste rock and dirt. Because mountain
streams run into the valleys, creating massive valley fills has the
inevitable effect of covering and obliterating many streams and the
lifeforms within.
He does seem to be talking about overburden, though tailings are also mentioned....
Another story about the case is [link|http://www.dailypress.com/news/local/virginia/dp-wv-mountaintopremoval0508may08.story?coll=dp-headlines-virginia|here] from a Virginia paper.
Cheers,
Scott.