The Ninth Circuit held that it lacks subject matter jurisdiction over environmental groups' citizen suit challenging the Montana Department of Environmental Quality's potential approval of a surface mining permit. The groups argued that the agency director would be in violation of SMCRA if she appro...

The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property. The only way to access the well on the BLM property is via a road...