The Athens-based forest advocacy group is against plans to longwall under the old-growth forest, owned by Ohio University.

Ohio Valley owns the coal deposits under the forest and has been mining in the area for more than 30 years.

The company, owned by Robert Murray, obtained a state permit to allow longwall mining near the woods and room and pillar mining beneath the forest.

In September 2003, Buckeye Forest Council and another group, Dysart Defenders, filed an appeal against the mining permit with the Reclamation Commission on the basis that the mining could kill the oldest trees in Dysart.

The commission rejected the appeal in May this year, finding that Ohio Division of Mineral Resource Management divisional chief Mike Sponsler did not act arbitrarily or capriciously in issuing the mining permit.

Buckeye Forest Council and Dysart Defenders have taken their case to the Seventh District Court of Appeals, filing initial briefs with the court on Wednesday.

The council is appealing on the basis that there are gaps in the research produced by the mining company showing that subsidence would not result after mining.

It will also argue that the Ohio Division of Mineral Resource Management has not substantiated the claim that longwall mining within 300 feet of the forest will not have significant impact on it.

The environmental group has also claimed political contributions by the company owner may have influenced the outcome of the ruling on the proposed mine. This claim has been labeled outrageous by Ohio Valley Coal Company’s lawyer.