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Arch Coal, Inc. v. Acosta
The D.C. Circuit held that a mining company must exhaust its administrative remedies before it can challenge potential claims filed against it under the Black Lung Benefits Act (BLBA). The BLBA grants coal miners the right to monthly benefits payments from a former employer in the event they suffer ...
St. Bernard Parish Government v. United States
The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the government's construction and operation of the Mississippi River...
M.L. Johnson Family Properties, LLC v. Zinke
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 other cotenant did not consent to surface mining. Nevertheless, th...
Ideker Farms, Inc. v. United States
In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the government, arguing that the Corps' management of the Missouri Ri...
Patchak v. Zinke
The U.S. Supreme Court upheld the 2014 Gun Lake Trust Land Reaffirmation Act, which reaffirmed as trust land certain property on which a Native American tribe wished to build a casino and provided that any future or pending actions relating to that land should be dismissed. Congress enacted the Gun ...
NRDC v. NRC
The D.C. Circuit denied environmentalists' attempt to challenge an NRC decision to issue a uranium mining license in Wyoming. The mining company sought a license from NRC to mine uranium at the Ross Project in Crook County, Wyoming. NRC conducted an EIS and granted the license. Environmental groups ...
Elkay Mining Co. v. Smith
The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious...