LEGAL ISSUES 2005

November 23, 2005
Legal Update: Court of Appeals Reversed Decision Striking Down NWP 21 Ohio Valley Environmental Coalition v. Bulen (4th Cir.)
The United States Court of Appeals for the Fourth Circuit issued a decision today reversing the federal district court's decision of July 8, 2004, that struck down Nationwide Permit 21 (NWP 21) for Surface Coal Mining as unlawful. The appeals court reversed on each of the four reasons the lower court used as a basis for finding that NWP 21 did not comply with the Clean Water Act § 404(e) authority for promulgating a general permit.
- Text of Decision (100 kB)

July 15, 2005
Legal Update: DC Circuit upholds EPA's decision not to regulate CO2 and other GHGs under Clean Air Act
- Text of Decision (192 kB)

June 16, 2005
Legal Update: 4th Circuit Court of Appeals Case re: NWP 21 Challenge in Southern District W.Va. OVEC v. Bulen
- NMA Reply Brief (4.5 mB)
- DoJ Reply Brief (1.6 mB)

March 22, 2005 updates:
- Opening Brief of Intervenor Defendants-Appellants (12 mB)
- District Court Decision (160 kB)
- Government's Brief (4.3 mB)
- Plaintiff's Brief (272 kB)

June 16, 2005
Legal Update: Kentucky Riverkeeper, Inc. v. Rowlette
- Riverkeepers Reply Brief, part 1 (760 kB)
- Riverkeepers Reply Brief, part 2 (1.8 mB)
- Transfer Order (218 kB)

March 14, 2005 updates
Legal Update: The National Mining Association (“NMA”), the Kentucky Coal Association (“KCA”) and Coal Operators and Associates, Inc. (“COA”) filed, on March 11, 2005, a motion to intervene in the case challenging the U.S. Army Corps of Engineers’ reissuance of NWP 21. Kentucky Riverkeeper, Inc. v. Rowlette, Civ. Action No. 05-36-JBC, (E.D.KY. 2005).
- Text of the Motion (920 kB)
- Text of the Memorandum (260 kB)

June 16, 2005
NMA/NAM Amicus Brief in Opposition to Extraterritorial Application of CERCLA
- Text of the Brief

April 8, 2005
Federal Court strikes down AML Fee on Exported Coal as Unconstitutional
- Text of the Decision