News & Analysis as of

Mining Arbitrary and Capricious

Morrison & Foerster LLP - MoFo+

MOFO Wins Dismissal For Northeastern Minnesotans For Wilderness

Morrison Foerster secured a significant victory for its pro bono client, Northeastern Minnesotans for Wilderness (NMW), obtaining the dismissal of a mining company’s lawsuit that threatened to undo government efforts to...more

Farrell Fritz, P.C.

Sand Mining Hits Rock Bottom: LI’s Local Laws May Prohibit Future Operations

Farrell Fritz, P.C. on

Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt certain local zoning laws which prohibit mining. Specifically, in Town of Southampton v...more

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

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