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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 state laws. The trust alleged that the company's failure to comply ...
Granholm ex rel. Mich. Dep't of Natural Resources v. Federal Energy Regulatory Comm'n
The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license application deprives the court of jurisdiction. After denying the state's initial motions for rehearing, FERC filed an uno...
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 supplies a local community with drinking water. The court first ho...
American Auto. Mfrs. Ass'n v. Cahill
The court holds that an automobile manufacturers association is entitled to attorney fees in connection with an underlying action in which New York's zero emission vehicle sales requirement for model years 1998-2002 was held preempted under Clean Air Act (CAA) §209. The court first holds that the a...