Power Fuels, LLC v. Federal Mine Safety & Health Review Comm'n
The Fourth Circuit held that a Virginia facility that stores and blends coal for a nearby power plant is subject to the Mine Safety and Health Administration's (MSHA's) jurisdiction under the Federal Mine Safety and Health Act of 1977. The Mine Act covers operators of a "coal or other mine," includi...
American Farm Bureau Federation v. U.S. Environmental Protection Agency
A district court held that livestock farm groups lack standing to bar EPA from releasing their members' personal information—including the physical address and other operational details about the farms—in response to environmental groups' FOIA requests for information about concentrated animal f...
Suction Dredge Mining Cases
A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...
Beatty v. Washington Fish & Wildlife Commission
A Washington appellate court upheld a state agency's decision to issue a hydraulic mining permit to an individual on the condition that he limit his suction dredging operations within a specified two-week work period. The individual engages in "placer" mining—searching for gold that has moved away...