Mining

The court holds that the Surface Mining Control and Reclamation Act (SMCRA) §1272(e) prohibits subsidence and underground mining activities that might lead to subsidence in parks and protected…

The court reverses a lower court decision finding the Office of Surface Mining Reclamation and Enforcement (OSM) liable for the permanent taking of a mining company's leasehold property. The…

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and…

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links…

The court holds that the doctrine of sovereign immunity bars citizens from bringing suit against West Virginia state officials in federal court to enjoin the state from granting mountaintop mining…

The court denies a union's request to compel the U.S. Department of Labor to promulgate an emergency temporary standard to protect mine workers from exposure to respirable coal mine dust. The…

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state…

The court reverses a district court summary judgment decision that ordered the owners of unpatented mill site claims in the Tonto National Forest in Arizona to remove themselves and all their…

The court holds that the Alaska mining commissioner permissibly nullified the mining rights acquired by a mining claims locator on state-selected federal lands. The court first holds that the…

The court holds that the Federal Mine Safety and Health Act (FMSHA) did not authorize the Federal Mine Safety & Health Review Commission's (FMSHRC's) issuance of a significant…