ELR Citation: ELR 20197
No(s). 06-1780 (3d Cir. Aug 2, 2007)

The Third Circuit held that a lower court erred in sustaining the Office of Surface Mining's (OSM's) decision to terminate a program-deficiency notice issued to Pennsylvania as well as a required amendment in connection with the commonwealth's surface coal mining and reclamation program. The program-deficiency notice, issued under 30 C.F.R. §732.17, and the amendment, codified at 30 C.F.R. §938.16(h), both directed Pennsylvania to comply with 30 C.F.R. §800.11(e), which sets forth the requirements for bond and insurance requirements for regulatory surface coal mining and reclamation operations. The OSM's decision to terminate the notice and amendment was inconsistent with its own regulations and regulatory obligations.