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LEGAL ISSUES 2004
July 9, 2004
Legal Update: The US District Court for the Southern District of West Virginia in Huntington ruled yesterday that the US Army Corps of Engineers process for authorizing Section 404 nationwide permits (NWP 21) for coal mining activities is contrary to the language and the intent of the Clean Water Act
- Text of the Decsion (156 kB)
May 17, 2004
Legal Update: NMA Files Comments on EPA's ANPR on Waste Disposal
- Full text of the comments
- White Paper on Direct Disposal of Non-11e.(2) Byproduct Materials in Uranium Mill Tailings Impoundments
February 27, 2004
Legal Update: NMA Files Comments on EPA's Proposed Rule Amending the RCRA Regulatory Definition of Solid Waste
- Full text of the comments
February 26, 2004
NMA Letter to Rep. Pombo Regarding the Congressional Budget Office's Report on Surety Bonding Crisis
- Full text of the letter
February 23, 2004
Legal Update: US Supreme Court Denies Certiorari in the Case of Citizens Coal Council v. Norton
The US Supreme Court today denied certiorari in the case of Citizens Coal Council v. Norton. This action ends litigation, and the Office of Surface Mining’s interpretive regulation on the meaning of SMCRA Section 522(e) stands. As a result, subsidence from underground coal mines will continue to be regulated pursuant to SMCRA Section 516 and Section 720, but will not be prohibited under Section 522(e), as the petitioners had claimed.
The Court’s denial can be found on page 5 of the orders http://www.supremecourtus.gov/orders/courtorders/022304pzor.pdf
January 30, 2004
Legal Update: NMA files Amicus Brief in US v. Denton
- Brief (PDF, 148 KB)
January 12, 2004
Legal Update: NMA files Motion to Intervene and Motion to Dismiss the Complaint on NWP 21 Litigation
Legal Update: January 12, 2004, NMA joined state associations in filing a Motion to Intervene and a Motion to Dismiss litigation challenging the use of NWP 21 for coal mining operations.
- Memorandum in Support of Intervention (PDF, 420 KB)
- Memorandum in Support of Motion to Dismiss (PDF, 420 KB)
January 9, 2004
Legal Update: NMA opposes Citizen Coal Council’s Petition for Certiorari
Legal Update: January 9, 2004, NMA filed a brief in opposition to the Citizen Coal Council’s Petition for Certiorari wherein the CCC asked the US Supreme Court to review the DC Circuit’s decision regarding Section 522(e) of the Surface Mining Control and Reclamation Act (SMCRA).
- Brief (PDF, 420 KB)
January 9, 2004
Legal Update: Legal Update: Interstate Mining Compact Commission files brief in support of NMA position
- Brief (PDF, 980 KB)
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