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surface mining

M.L. Johnson Family Properties, LLC v. Zinke

ELR Case

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the...

Ohio: Mining

ELR State Update Item

Coal River Mountain Watch v. United States Department of the Interior

ELR Case

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....

Kentuckians for the Commonwealth v. United States Army Corps of Engineers

ELR Case

The Sixth Circuit held that the U.S. Army Corps of Engineers complied with NEPA and the CWA when it issued a §404 permit to a mining company for a secondary mining project that was part of a larger mining operation in Kentucky. The...

Ohio Valley Environmental Coalition v. United States Environmental Protection Agency

ELR Case

A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The...

Mingo Logan Coal Co. v. Environmental Protection Agency

ELR Case

A district court held that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its mountaintop coal mine...

Tennessee: Water

ELR State Update Item

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

ELR Case

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

76 FR 9642

ELR Federal Agency Update

High Country Conservation Advocates v. United States Forest Service

ELR Case

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley. The court...