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Power Fuels, LLC v. Federal Mine Safety & Health Review Comm'n
The Fourth Circuit held that a Virginia facility that stores and blends coal for a nearby power plant is subject to the Mine Safety and Health Administration's (MSHA's) jurisdiction under the Federal Mine Safety and Health Act of 1977. The Mine Act covers operators of a "coal or other mine," includi...
Suction Dredge Mining Cases
A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...
Beatty v. Washington Fish & Wildlife Commission
A Washington appellate court upheld a state agency's decision to issue a hydraulic mining permit to an individual on the condition that he limit his suction dredging operations within a specified two-week work period. The individual engages in "placer" mining—searching for gold that has moved away...