Permits, §506

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 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 EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not…

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit…

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan…

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…