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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...

National Mining Ass'n v. Secretary

The Eleventh Circuit denied the coal mining industry's petitions for review of a Mine Safety and Health Administration (MSHA) regulation aimed at reducing black lung disease and other respiratory illnesses in miners. The petitioners challenged MSHA's authority to issue the rule under the Federal Min...

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument below....