Tag: Judge James Stucky

Judge Won't Halt Mining Near Kanawha State Forest

  A judge has rejected a petition seeking to halt further operations at a surface mine near Kanawha State Forest.

Kanawha County Circuit Judge James Stucky’s decision came Wednesday in a petition filed by the Kanawha Forest Coalition and other opponents of the Keystone Development No. 2 mine. The petition had sought to block a state permit issued to the mine.

Opponents say in court filings that the mine’s continued operation threatens residents’ health and safety and the habitat of endangered bats. They also say the mine disrupts the forest’s viability as a recreational site, nature preserve and visitor attraction.

The opponents also have asked the state Surface Mine Board to revoke the permit. The board is expected to issue a ruling within the next several weeks.

Judge Won't Reinstate Ex-W.Va. DHHR Administrator

A former Department of Health and Human Resources administrator has lost a bid to be reinstated before her lawsuit against the agency is completed.
 
Former deputy secretary Susan Perry and former general counsel Jennifer Taylor each filed whistleblower lawsuits against the DHHR in 2012. They alleged that they were wrongly placed on leave after they raised questions about the scoring of bids for an advertising contract.

Both were later fired.
 
The Charleston Gazette reports that Perry’s lawyer, Walt Auvil, asked Kanawha County Circuit Court Judge James Stucky on Friday to reinstate Perry and grant her back pay before her lawsuit is completed. Stucky denied the request.
 
Perry contends that former acting DHHR secretary Rocco Fucillo didn’t have authority to fire her because lawmakers never approved his appointment.
 
 

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