Jump to Navigation
Jump to Content

Surface Mining Control and Reclamation Act (SMCRA)

Ohio River Valley Environmental Coalition v. Salazar

The Fourth Circuit affirmed a lower court decision dismissing an environmental group's lawsuit challenging the OSM's approval of two amendments to West Virginia's surface coal mining regulations. One amendment repeals the definition...

National Mining Association v. Office of Hearings and Appeals

A district court dismissed a mining industry association's action challenging DOI Office of Hearings and Appeals (OHA) regulations...

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...

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...

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...

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...

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...

Protect Our Water v. Merced, County of

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of...

West Virginia Highlands Conservancy, Inc. v. Norton

The court affirms in part and vacates in part a district court's award of attorney fees to environmental groups that sought to rescind new mining permits issued to a company that owned a mine in violation of the Surface Mining Control...