The Fourth Circuit vacated both an incidental take statement issued by FWS and a right-of-way permit issued by the National Park Service (NPS) for construction of a natural gas pipeline that intersects the Blue Ridge Parkway. Environmental groups argued that the take limits set by FWS in its Inciden...
The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management Plan to accommodate the right-of-way and pipeline construction. En...
The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They argue...
The D.C. Circuit held that a mining company must exhaust its administrative remedies before it can challenge potential claims filed against it under the Black Lung Benefits Act (BLBA). The BLBA grants coal miners the right to monthly benefits payments from a former employer in the event they suffer ...
A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining. Nevertheless, th...
The D.C. Circuit denied environmentalists' attempt to challenge an NRC decision to issue a uranium mining license in Wyoming. The mining company sought a license from NRC to mine uranium at the Ross Project in Crook County, Wyoming. NRC conducted an EIS and granted the license. Environmental groups ...
The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious...