A district court held that environmental groups may go forward with their ESA lawsuit challenging OSM's issuance of SMCRA permits for two surface coal mines. The groups alleged that OSM failed to adequately consider how wastewater discharges from the mines would impact the Cumberland darter and blac...

A district court held that TVA did not violate NEPA when it decided to replace two coal-fired power generators with a natural gas-fueled power generating plant. TVA was replacing the generators to comply with mercury and air toxics standards. It issued an EA and FONSI for the project, and a coal ass...

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA). The property became contaminated after a...

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). The case arose after a commercial property owner sought to ...

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...

The Ninth Circuit reversed a lower court decision denying environmental groups' request for attorneys fees after they successfully challenged OSM's grant of a coal mining permit revision. Below, the groups' lawsuit was consolidated with other actions challenging the permit revision, which was ultima...