Christopher "Kip" B. Power

Christopher "Kip" B. Power

Dinsmore & Shohl LLP

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EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting...

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals....more

7/24/2014 - Clean Water Act Coal Mines Environmental Policies EPA Mining NPDES

State Primacy in Coal Mining Regulations Challenged: Environmental Group Seeks Federal Court Jurisdiction

State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Center, et al. v. Stone-Manning, et al., Appeal No. 13-35107 (Ninth Circuit Court of...more

10/15/2013 - Coal Mines Eleventh Amendment Jurisdiction Mining SMRCA Sovereign Immunity

States’ Primary Authority to Regulate Coal Mining Pursuant to SMCRA Under Assault

As suggested in a “Guidance Memorandum” issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S. Department of Interior’s Office of Surface Mining (“OSM”) in November 2010,...more

10/15/2013 - Coal Coal Industry Coal Mines Department of Environmental Protection Jurisdiction Mining Permits Ripeness

EPA Declines to Create New Air Pollution Control Program for Coal Mines – For Now.

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal...more

5/20/2013 - Air Pollution Coal Mines EPA Greenhouse Gas Emissions New Source Performance Standards

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

4/29/2013 - Clean Water Act Coal Mines Environmental Impact Report EPA Mining Permits US Army Corps of Engineers Veto Rights

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