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Coal Update

Legislation

Jackson Kelly Attorneys Help Draft Mineral Rights Legislation

House Enrolled Act (HEA) 1617, which aims to increase workforce development by clarifying Indiana’s mineral rights laws, was recently signed into law by Governor Mike Pence.

Attorneys in Jackson Kelly’s Evansville, Indiana office helped draft HEA 1617 as a way to help clarify Indiana law by allowing a developer to harvest mineral rights on a plot of land where the owner is unknown or if initial…

Sierra Club Moves Efforts to Rescind WV and KY State NPDES Programs to Fourth and Sixth Circuits

The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia, largely over alleged deficiencies by the state agencies in handling coal-related permits.  Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West Virginia.  

In…

EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy

We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia.  There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. 

Recently, the District…

 

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