Surface Mining Control and Reclamation Act (SMCRA)

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit.…

A district court denied a motion to dismiss a challenge to the West Virginia Department of Environmental Protection's failure to notify the Office of Surface Mining Reclamation and…

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and…

The Tenth Circuit held that a coal mining company was entitled to judicial review of a DOI decision after a lower court dismissed the suit. In 2013, the company was cited by DOI for a violation of…

A district court denied DOI's motion to dismiss an environmental group's lawsuit challenging OSM's determination that a surface mining permit could not be automatically terminated…

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…

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…

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company'…

The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they…

A district court vacated a 2008 rule issued by the Office of Surface Mining Reclamation and Enforcement (OSM) that governs the operation of coal mining activities near and through streams. The…