Federal - Mining

摘要

In National Parks Conservation Ass 'n v. Jewell, No. 1:09-cv-00115-BJR, slip op. (D.D.C. Feb. 20, 2014), the plaintiff environmental group challenged a 2008 final rule promulgated by the Office of Surface Mining Reclamation and Enforcement (OSM) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. §§ 1201-1328, relating to stream buffer zones regulating how close coal mine waste may be placed to streams and drainages. 73 Fed. Reg. 75,814 (Dec. 12, 2008) (2008 Rule). The 2008 Rule replaced OSM's 1983 buffer rule, 48 Fed. Reg. 30,312 (June 30, 1983) (1983 Rule), retaining the earlier rule's 100-foot buffer requirement but changing the criteria under which exceptions from the rale could be obtained from OSM. See Nat'I Parks, No. l:09-cv-00115-BJR, slip op. at 6-7.