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Surface Mining Control and Reclamation Act (SMCRA)

Pennsylvania Fed'n of Sportsmen's Clubs v. Hess

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and maintain a federally approved state coal...

Citizens Coal Council v. Norton

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) §1272(e) prohibits subsidence and underground mining activities that might lead to subsidence in parks and protected areas. The Secretary of the Interior...

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...

Appolo Fuels, Inc. v. Babbitt

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the...

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...

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...

Bragg v. West Virginia Coal Ass'n

The court holds that the doctrine of sovereign immunity bars citizens from bringing suit against West Virginia state officials in federal court to enjoin the state from granting mountaintop mining permits. Citizens brought suit against...

Mountaintop Mining and U.S. EPA's Proposed Rule Change: A Giant Step Backward for the Clean Water Act

Imagine that new neighbors move in next door and begin building an addition on their home that blocks the sun, crowds your property, and obstructs you view of the park down the street. Unpleasant? Now imagine that the rights to mine the...

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...

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...