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Defenders of Wildlife v. Jewell
A district court held that environmental groups may go forward with their ESA lawsuit challenging OSM's issuance of SMCRA permits for two surface coal mines. The groups alleged that OSM failed to adequately consider how wastewater discharges from the mines would impact the Cumberland darter and blac...
Kentucky Coal Ass'n v. Tennessee Valley Authority
A district court held that TVA did not violate NEPA when it decided to replace two coal-fired power generators with a natural gas-fueled power generating plant. TVA was replacing the generators to comply with mercury and air toxics standards. It issued an EA and FONSI for the project, and a coal ass...