LexisNexis® Legal Newsroom
Use of Endangered Species Act to prevent mining operation requires input early in the NOI review process

The Endangered Species Act ("ESA") is becoming a popular tool used by public interest groups to stop projects that they view as adverse to environmental quality. However, a recent attempt to use the ESA against a mining project failed when the procedural posture was deemed an inaction for purposes...

EPA finalizes mountaintop mining guidance for Appalachia

EPA issued final guidance concerning environmental permitting regulations for mountaintop mining in Appalachia, maintaining the strengthened requirements it set out in the earlier interim guidance that was released on April 1, 2010. A summary of the guidance can be found at http://water.epa.gov/lawsregs...

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance

By Jeff Kray, Partner, Marten Law Group PLLC In this Emerging Issues Analysis, Jeff Kray of Marten Law PLLC analyzes two decisions in National Mining Ass'n v. Jackson which, taken together, determine that EPA's mountain-top mining Guidance is invalid on both procedural and substantive grounds...

Mountain States Legal Foundation: Miners Rebut Feds & Environmentalists; Claim Land Law Is Unconstitutional

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A 117-year-old nonprofit, non-partisan mining trade association with thousands of members has rebutted arguments by federal lawyers and environmental groups in urging an Arizona federal district court...

Jenner & Block: Environmental Groups Petition IJC About Sulfide Mining Impacts On Great Lakes

At least 40 environmental groups have petitioned the International Joint Commission (IJC) to evaluate the water-related impacts from sulfide mining exploration and development within the Rainy River and Lake Superior Basins. In their petition , the groups request that the IJC make recommendations to...