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Mining

Aspen Insurance UK Ltd. v. Dune Energy, Inc.

The Fifth Circuit held that a pollution exclusion clause contained in an oil well operator's insurance policy bars coverage for cleanup costs of an oil leak on leased land. The operator argued that the exclusion did not apply...

Copar Pumice Co. v. Tidwell

The Ninth Circuit affirmed in part and vacated in part a lower court decision related to the United States’ effort to recoup under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Settlement Act)...

National Mining Ass'n v. Mine Safety & Health Admin.

The D.C. Circuit denied industry groups’ petition for review of a Mine Safety and Health Administration (MSHA) decision to enforce a final exposure limit standard for exposure of miners in metal and non-metal underground mines to...

American Coal Co. v. Mine Safety & Health Admin.

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused...

Amigos Bravos v. BLM

A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales under, among other things, the APA, FLPMA, the...

In re Howard

The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines. The Federal Mine Safety and Health Act of 1977...

West Virginia Highlands Conservancy, Inc. v. Kempthorne

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with...

Cuba Soiil & Water Conservation Dist. v. Lewis

The Tenth Circuit held that the Federal Mineral Leasing Act (FMLA) does not provide political subdivisions of a state an implied cause of action to challenge the state's allocation of federal mineral royalties received under the Act....

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...

Ohio River Valley Envtl. Coalition v. Green Valley Coal Co.

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the litigation, but reversed fees awarded for the...