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LEGAL ISSUES 2003
August 14, 2003
US Court of Appeals for DC Circuit denies petition to rehear subsidence case.
The United States Court of Appeals for the District of Columbia Circuit denied a petition for rehearing by the Citizens Coal Council in Citizens Coal Council v. Norton. The court also denied the Citizens Coal Council’s petition for rehearing EN BANC. This action leaves in tact the June 3, 2003 decision of the court, which reversed the lower court’s decision and upheld the Office of Surface Mining’s interpretive rule recognizing that the effects of subsidence are not "surface coal mining operations."
Text of Both Decisions:
- Decision concerning Rehearing Denial (PDF 8 KB)
- Decision concerning Rehearing EN BANC Denial (PDF 8 KB)
August 1, 2003
The U.S. Court of Appeals for the Second Circuit on Friday, August 1, upheld the lower court decision in the "Clean Air Markets Group Case" that New York's anti-trading law violated the Supremacy Clause of the Constitution.
Decision (PDF 204 KB, 15 pages)
July 18, 2003
Decision of the U.S. District Court for the District of Wyoming (State of Wyoming vs. US Department of Agriculture) in the Wyoming Roadless Case (7/18/03) (PDF 268 KB, 100 pages)
July 1, 2003
Plaintiffs' Motion for Modification (filed Jan. 16, 2003) (PDF 101 KB, 28 pages)
Defendant's Memorandum in Opposition to Plaintiffs' Motion for Modification (filed Feb. 10, 2003) (PDF 567 KB, 21 pages)
Plaintiffs' Reply to Defendant's Memorandum in Opposition to Plaintiffs' Motion for Modification (filed March 14, 2003) (PDF 33 KB, 10 pages)
Plaintiffs' Notice of Decision (filed April 10, 2003) (PDF 552 KB, 29 pages)
June 3, 2003 -- Barrick Goldstrike Mines, Inc. v. Whiteman
The U.S. government announced June 3 that it would not appeal the decision of the District Court for the District of Columbia issued April 2, 2003 in Barrick Goldstrike Mines, Inc. v. Whitman regarding the TRI reporting obligations of mining facilities. NMA believes the Court’s decision will help provide the public with more useful and meaningful TRI information as individual operations review their reporting requirements in light of this decision. The industry’s reports for 2001, however, were submitted nearly a year ago, and the reports covering 2002 must be in EPA’s hands by July 1.
For the Court’s decision see http://www.nma.org/pdf/tri/barrick_decision040203.pdf For additional background information, see NMA's issue brief on mining and TRI Reporting.
June 3, 2003 -- NMA wins SMCRA 522(e) Decision
Decision of the United States Court of Appeals for the District of Columbia Circuit in Citizens Coal Council v. Norton & NMA (PDF, 66KB)
April 15, 2003 -- Decision of the D.C. Circuit Court of Appeals in the case, NMA v. Fowler (PDF, 56KB, 11 pages)
The court ruled in favor of NMA and reversed the district court's decision. At issue in the case was the scope of the regulations of the Advisory Council on Historic Preservation.
April 4, 2003 --
Federal District Court Rules TRI Reporting Requirements to be Scaled Back
- Barrick Decision (PDF, 1MB, 25 pages)
January 29, 2003 -- US Court of Appeals for Fourth Circuit Reverses Lower Court Decision on Valley Fills
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