Feds appeal judge's ruling in Ohio dam lawsuit

COLUMBUS, Ohio (AP) — The federal government is appealing a judge's ruling in the case of mine tunnels being developed within the watershed of an Ohio state park reservoir.

At issue is a U.S. Army Corps of Engineers' lawsuit alleging Ohio's 2010 decision to issue a permit to Buckingham Coal Co. violated a 1948 state-federal agreement that created the park and reservoir.

The state contends the 1948 agreement didn't prevent Ohio from leasing coal rights.

Federal judge James Graham in September sided with the Ohio Department of Natural Resources, saying the government hadn't presented evidence that Ohio breached any obligations with the Corps.

Buckingham's project links an existing mine about two miles from Burr Oak State Park in southeast Columbus with new coal reserves, where mining is underway.

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