Citizen suits, §520
Coal River Mountain Watch v. United States Department of the Interior
A district court denied DOI's motion to dismiss an environmental group's lawsuit challenging OSM's determination that a surface mining permit could not be automatically terminated without first providing notice to the permit holder....
Sierra Club v. Elk Run Coal Co.
A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with...
Molinary v. Powell Mountain Coal Co.
The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a...
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