Coal mining

Castle Mountain Coalition v. Office of Surface Mining Reclamation and Enforcement, Case No. 3:15-cv-00043-SLG (D. Alaska 2016)

In Castle Mountain Coalition v. Office of Surface Mining Reclamation and Enforcement, several non-profit organizations and the governing body of a federally-recognized Native Village challenged a federal agency’s determination that a state may interpret the Surface Mining Control and Reclamation Act (SMCRA) to require an administrative proceeding be initiated in order to terminate a coal mining permit (rather than automatic termination) when the permit holder fails to commence mining operations within three years of the permit issuance.

April 13, 2018, Belovo district court decision annulling coal mine authorization

On April 13, 2018, a court in the Belovo district of Russia’s Kuzbass region nullified the authorization of a new open-pit coal mine that allowed for the expropriation of private agricultural lands in order to conduct the coal mining activities.  Ecodefense brought the case with four landowners and the legal support of Team 29, a group of Russian human rights lawyers.  The district court of Belovo rejected the defendants’ arguments about the importance of coal mining in comparison with agriculture and decided the government failed to adequately show a governmental need to expropriate the ag

Western Organization of Resource Councils et al v. U.S. Bureau of Land Management et al (D. Mont. March 26, 2018)

In Western Organization of Resource Councils et al v. U.S. Bureau of Land Management et al, several environmental organizations challenged a federal agency’s approval of revised Resource Management Plans (“RMPs”) for coal development in two areas covering millions of acres of public lands and federal mineral estates within the Powder River Basin. 

 

Alberta Wilderness Ass’n v. Cardinal River Coals Ltd.

Alberta Wilderness Ass’n v. Cardinal River Coals Ltd. [1999] 3 FC 425 
April 8, 1999

A coalition of conservation organizations challenged a ministry decision allowing a coal mine to be constructed just outside the boundary of a national park.  One of the questions the court considered was whether the environmental assessment prepared prior to the decision adequately considered the potential environmental impacts of the mine -- including cumulative impacts.  

Rol No. 55.203-2016 (Mina Invierno case), Supreme Court of Chile (2017)

A mining company (Mina Invierno) proposed a project to incorporate blasting methods at an existing permitted open pit coal mine in southern Chile.  Citizens and civil society organizations properly presented petitions for the provision of citizen participation procedures during the environmental impact assessment (EIA) process required for this proposed complementary project, but those petitions were denied.  The denial of those petitions was unsuccessfully appealed at the administrative level and the proposed project to incorporate blasting was approved, so a constitutional lawsuit (re

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