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Enforcement

National Mining Ass'n v. Kempthorne

The D.C. Circuit upheld the U.S. Department of the Interior's (DOI's) interpretation of "valid existing rights" in a 1999 rule to foreclose surface mining operations in sensitive areas. A mining association argued that Congress inserted...

National Mining Ass'n v. Scarlett

The court rejects a mining association's statutory and constitutional claims challenging a 1999 Office of Surface Mining Reclamation and Enforcement (OSM) rule defining "valid existing rights." The Surface Mining Control and Reclamation...

National Mining Ass'n v. Department of the Interior

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and...

National Mining Ass'n v. Department of the Interior

The court upholds some provisions and strikes down other provisions of an Office of Surface Mining Reclamation and Enforcement (OSM) interim final rule that required a surface mining permit applicant to disclose all environmental...

West Virginia Highlands Conservancy v. Babbitt

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping...

National Wildlife Fed'n v. Lujan

The court upholds Department of the Interior (DOI) regulations allowing state agencies that administer federally approved programs under the Surface Mining Control and Reclamation Act (SMCRA) to terminate their jurisdiction over...