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Permits, §506

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....

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...

Montana Environmental Information Center v. Stone-Manning

The Ninth Circuit held that it lacks subject matter jurisdiction over environmental groups' citizen suit challenging the Montana Department of Environmental Quality's potential approval of a surface mining permit. The groups argued that...

National Mining Association v. Jackson

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not...

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and...

Rith Energy, Inc. v. United States

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that...

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...