The court affirms in part and reverses in part a district court decision upholding U.S. Department of the Interior (DOI) regulations that govern damage to land, structures, and certain water supplies caused by mining subsidence. The court first holds that a regulation establishing a rebuttable presu...

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 ...

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...

The court upholds some provisions and strikes down other provisions of an Office of Surface Mining Reclamation and Enforcement (OSM) interim final rule that required a surface mining permit applicant to disclose all environmental violations it incurred at its mining operations. The court first holds...

The court holds that the U.S. Department of Transportation's (DOT's) approval of a 12-lane bridge to replace an existing 6-lane bridge in Alexandria, Virginia, violated the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Depar...