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Surface Mining Control and Reclamation Act (SMCRA)

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...

National Mining Ass'n v. Babbitt

The court affirms in part and reverses in part a district court decision upholding U.S. Department of the Interior (DOI) regulations that govern damage to land, structures, and certain water supplies caused by mining subsidence. The...

Molinary v. Powell Mountain Coal Co.

The court affirms the dismissal of a land trust's action alleging that a coal company that owned the mineral rights to a tract of the trust's land violated the Surface Mining Control and Reclamation Act (SMCRA) and other federal and...

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...

Molinary v. Powell Mountain Coal Co.

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a...

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...

Tools for Regulating the Environmental Impact of Mining in the United States

Editors' Summary: Mining law in the United States is a complex patchwork of federal and state statutes and regulations. This Article provides a basic summary of that law. It begins with an overview of the mining industry. It examines...

Powder River Basin Resource Council v. Babbitt

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation...

National Wildlife Fed'n v. Lujan

The court upholds Department of the Interior (DOI) regulations allowing state agencies that administer federally approved programs under the Surface Mining Control and Reclamation Act (SMCRA) to terminate their jurisdiction over...