DOGM Cannot Impose a 'Perpetual Trust' to Fund the Cost of Treating Contaminated Discharge Waters Without Rulemaking

摘要

Genwal Resources, Inc. (Genwal) is the operator and permittee of the Crandall Canyon Mine, an underground coal mine that collapsed in August 2007, resulting in the deaths of six miners and three rescue workers. See Vol. XXV, No. 1 (2008) of this Newsletter. In a proceeding before the Utah Board of Oil, Gas and Mining (BOGM), Genwal challenged an Order of the Utah Division of Oil, Gas and Mining (DOGM) requiring Genwal to establish a trust or funding instrument to cover the cost of perpetually treating iron-contaminated water discharge from the Crandall Canyon Mine, which no longer produces coal. Findings of Fact, Conclusions of Law and Order, Docket No. 2010-026, Cause No. C/015/0032 F at 19 (filed Mar. 6, 2012) (BOGM Order).