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State ex rel. American Electric Power Co. v. Nibert

West Virginia's highest court held that individuals' lawsuit against a power company for injuries they allegedly incurred due to their exposure to coal combustion waste may go forward in the West Virginia courts even though the vast majority of plaintiffs live outside the state. Of the 77 named plai...

Schoene v. McElroy Coal Co.

A district court denied mining companies' motion for summary judgment seeking to dismiss property owners' lawsuit against them for alleged subsidence damage. The coal companies, who lease the coal interests under the owners' property, engage in a mining technique known as "longwall mining," a form o...

WildEarth Guardians v. Office of Surface Mining

A district court held that OSM violated NEPA when it approved a mining plan amendment that would expand a coal mine in Montana, and ordered the agency to prepare an updated EA within 240 days. Specifically, the court held that OSM violated NEPA's public participation and notice provisions when it fa...