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...

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...

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...

The D.C. Circuit upheld EPA's denial of a petition filed by 101 environmental groups asking the Agency to regulate spent lead bullets and shot under TSCA. EPA rejected the petition as “non-cognizable” under TSCA §21 on the grounds that it largely duplicated an earlier petition that two of the 1...

A California appellate court upheld a lower court decision denying an environmental group's petition challenging a county's approval of a proposed surface mining operation on a 1,500-acre site at the base of the Sierra Nevada foothills. As required by the California Environmental Quality Act, an env...