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Surface mining

Ohio Valley Environmental Coalition v. Alex Energy, Inc.

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose...

Ohio Valley Environmental Coalition v. Consol of Kentucky

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it...

Ohio River Valley Envtl. Coalition, Inc. v. Salazar

A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory...

West Virginia Highlands Conservancy v. Norton

The court denies an environmental group's motions challenging the Office of Surface Mining's (OSM's) approval of a West Virginia law amending the alternative bonding system (ABS) requirements under the state's Surface Mining Control and...

West Virginia Highlands Conservancy v. Norton

A district court holds that it lacks jurisdiction to enforce state law in an environmental group's Surface Mining Control and Reclamation Act (SMCRA) citizen suit against a state environmental agency and claiming that the state...

Ohio River Valley Envtl. Coalition, Inc. v. Callaghan

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to...

Bragg v. Robertson

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized...

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...

West Virginia Mining & Reclamation Ass'n v. Babbitt

A district court holds that the Office of Surface Mining Reclamation and Enforcement (OSM) was not arbitrary, capricious, or otherwise legally inconsistent when it disapproved an amendment to West Virginia's Surface Mining Control and...