News & Analysis as of

Mining Permits

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

Womble Bond Dickinson on

The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Womble Bond Dickinson

The Impact of the National Environmental Policy Act (NEPA)

Womble Bond Dickinson on

In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they...more

Womble Bond Dickinson

Permitting Reform in the United States

Womble Bond Dickinson on

This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Womble Bond Dickinson

The Case for Permitting Reform

Womble Bond Dickinson on

This is the first article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Livingston Stone...

The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”). The Order provides that Walnut Creek operates a...more

Dorsey & Whitney LLP

Interagency Working Group on Mining Laws, Regulations, and Permitting Release Final Report on Proposed U.S. Mining Reforms on...

Dorsey & Whitney LLP on

In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Suction Dredge Mining/Clean Water Act: Federal Appellate Court Addresses Applicability of NPDES Permit System

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Open-Cut Mining Facility: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion...

As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more

Woods Rogers

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

Woods Rogers on

The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...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

Mitchell, Williams, Selig, Gates & Woodyard,...

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

Snell & Wilmer

Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

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The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more

Foley Hoag LLP - Environmental Law

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

Foley Hoag LLP - Environmental Law

Dog Bites Man, Pebble Mine Edition | Law and the Environment

As Bloomberg (subscription required) reported this week, executives of Pebble Partnership, which is developing the Pebble Mine project in Bristol Bay, Alaska, were caught on tape bragging about their political influence.  The...more

Williams Mullen

Court Holds Local NIMBY Ordinance Preempted by State Law

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The “not in my back yard” (NIMBY) doctrine taking hold across the United States was recently dealt a setback in South Carolina. The United States District Court for the District of South Carolina, Florence Division, recently...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Permit/Clean Air Act: Minnesota Appellate Court Addresses Challenge to Use of Synthetic Minor

The Minnesota Court of Appeals (“Court”) addressed in a March 23rd Order the Minnesota Pollution Control Agency’s (“MPCA”) grant of an air emissions permit to PolyMet Mining, Inc. (“PolyMet”). See In re Issuance of Air...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 42, November 2019 #2

FBI Eyes How Pennsylvania Approved Pipeline - "The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Beneficial Water Use: Montana Court Addresses Challenge to Mining Company Application

A Montana court addressed a challenge to a mining company’s application for a Beneficial Water Use Application. See Clark Fork Coalition, Rock Creek Alliance, Earthworks, and Montana Environmental Center v. Montana Department...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

Husch Blackwell LLP

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

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The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

Steptoe & Johnson PLLC

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

Steptoe & Johnson PLLC on

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #4

Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...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

Williams Mullen

Regulated Parties – 2, Regulators – 0

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The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

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