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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...

Anglers Conservation Network v. Pritzker

A district court ordered NMFS to take a "hard look" at the environmental impacts of its definition of "fishery" with regard to the Atlantic Mackerel, Squid, and Butterfish fishery management plan (FMP) and whether river herring and shad should be included in the FMP. In 2014, the Mid-Atlantic Fisher...

Black Warrior Riverkeeper v. Alabama Department of Transportation

A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against the Alabama Department of Transportation, the U.S. Army Corps of Engineers, and the Federal Highway Administration in connection with a proposed six-lane, 50-mile highway project north of Birmingham, Alabam...