Searching Content indexed under Mining by Seth Jaffe ordered by Published Date Descending.
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The Office Of Surface Mining Loses Another NEPA Case — Do I Detect A Trend?
Last week, a federal judge once more rejected the Environmental Assessment for the expansion of the Spring Creek Mine in Montana. The case does not really break any new ground,
United States
22 Feb 2019
Can Trump Save Coal Without Killing All The Miners?
Last month, the New York Times reported on the identification of the largest cluster of advanced black lung cases ever reported. (And lest you think that this is fake news...
United States
6 Mar 2018
The Drumbeat Continues: Another Court Rejects An FEIR For Not Properly Considering Climate Change
Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account ...
United States
21 Sep 2017
State Street Global Advisors Gets On The Climate Disclosure Express — In A Big Way
Earlier this month, State Street Global Advisors joined the chorus of money managers urging corporate boards, particularly those in "high-impact sectors" – meaning "oil and gas, utilities and mining" – to do a better job ...
United States
4 Sep 2017
EPA Has A Nondiscretionary Duty To Review West Virginia's Failure To Submit TMDLs
Acting in response to state legislation, the West Virginia Department of Environmental Protection ceased work on promulgation of total
United States
1 Mar 2017
The Arbitrary And Capricious Standard Remains Deferential: The Corps' Nationwide Permit 21 Survives Review
Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps' Nationwide Permit 21, which allows small surface mining projects to proceed without...
United States
19 Aug 2016
Three Strikes And Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal Of Approval Of Mountaintop Removal Disposal Sites
In 2013, the D.C. Circuit affirmed EPA's authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit.
United States
26 Jul 2016
General Permits Are Also Entitled To A Permit Shield
Thunder Ridge is covered by a general permit, not an individual site permit, and the Sierra Club argued that the shield should not apply.
United States
9 Feb 2015
Is Selenium The Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based On Water Quality Criteria Exceedances
The Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits.
United States
30 Jul 2014
When Is The Meaning Of A Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority To Withdraw Approval Of Section 404 Permits
The D.C. Circuit Court of Appeals restored EPA's authority to withdraw the specification of streams for the disposal of mountaintop mining wastes – years after the Army Corps had issued the permit containing the specification.
United States
29 Apr 2013
An Example Of True Judicial Restraint: Judge Robert Chambers Affirms The Highland Mining 404 Permit
After my post on judicial restraint – and the lack thereof – in Texas v. EPA, the opinion issued last week by Judge Robert Chambers, in Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, affirming the Corps’ § 404 permit for Highland Mining’s Reylas Surface Mine, seemed particularly notable.
United States
22 Aug 2012
Lisa Jackson Says Public Pressure Will Clean Up Fracking. Really
According to E&E News, Lisa Jackson said Friday that public pressure, not EPA regulation, will clean up fracking.
United States
26 Jan 2012
Can Coal's Friends In Congress Save It? Goldman Sachs Isn't So Sure
Market-watchers thinking that having friends in Congress means that coal can flourish despite EPA regulation on many fronts may have a different view to ponder.
United States
16 Dec 2011
The Battle Over Guidance Is Joined Again: EPA Finalizes Its Mountaintop Removal Guidance
The fight about guidance and rules is in the news again. Yesterday, EPA finalized its guidance on Clean Water Act permitting with respect to mountaintop mining.
United States
26 Jul 2011
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