Mining

The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines.…

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation.…

The Tenth Circuit held that the Federal Mineral Leasing Act (FMLA) does not provide political subdivisions of a state an implied cause of action to challenge the state's allocation of federal…

The D.C. Circuit upheld the U.S. Department of the Interior's (DOI's) interpretation of "valid existing rights" in a 1999 rule to foreclose surface mining operations in…

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the…

The court rejects a mining association's statutory and constitutional claims challenging a 1999 Office of Surface Mining Reclamation and Enforcement (OSM) rule defining "valid existing…

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups…

A Nevada court upheld a county decision denying a company's request for a special use permit to mine clay from two open pits on federal land north of Reno, Nevada, and to build a plant to…

The court affirms in part and vacates in part a district court's award of attorney fees to environmental groups that sought to rescind new mining permits issued to a company that owned a mine…

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and…