Renewable Energy UpdateEnvironmentalSolar Facilities to Face NIMBY Issues in West VirginiaFebruary 3, 2023 Solar developers in West Virginia must ensure that their proposed project location does not violate applicable zoning and land use laws. West Virginia’s land use laws authorize land uses in zoning districts either as “permitted uses” or as “conditional uses.” Where there is municipal or county-wide zoning, “permitted uses” need only comply with whatever zoning criteria have been adopted by an… United States and Canada Announce Solar Product Trade DealJuly 21, 2022 The United States and Canada reached an agreement earlier this month to remove American tariffs on Canadian-made solar products, including crystalline silicon photovoltaic modules used in solar generation facilities. The tariffs at issue, commonly referred to as “Section 201” tariffs, were imposed in 2018 under Section 201 of the Trade Act of 1974.[1] The Section 201 tariffs were intended to… Crisis Management: Are You Ready?December 18, 2017 “Everybody has a plan . . . until they get punched in the face.” Mike Tyson. In his prime, Mike Tyson created a crisis for opposing fighters. Many claimed to have a plan for dealing with Iron Mike, but the plan didn’t hold up under pressure. And Mike knew it. Planning for a crisis is difficult, but necessary. Crises by their very nature are unexpected, so you cannot plan a detailed response in… How the Congressional Review Act (CRA) Allows Congress to Undo Executive Branch RegulationsJanuary 26, 2017 The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,… Federal Judge Tells EPA It's Time to Obey the LawJanuary 13, 2017 As we have previously reported, Murray Energy is pursuing an action against EPA in federal court in in the Northern District of West Virginia arguing that EPA failed to discharge an obligation under Section 321(a) of the Clean Air Act to evaluate the job impacts of its Clean Air Act rules. After rejecting numerous attempts by EPA to limit discovery, the district court (Judge Bailey) granted… THE MSHA WISH LIST FOR THE NEW SECRETARY OF LABORJanuary 10, 2017 Happy New Year! The Federal Mine Safety and Health Administration (“MSHA”) has been busy clearing out any lingering rulemaking or policy decisions before the end of the current Administration. For the new MSHA Administration, here is our wish list of priorities:
IT’S THE GIVING SEASON: OBAMA ADMINISTRATION LEAVES PARTING GIFTS FOR THE COAL INDUSTRYJanuary 5, 2017 Obamanation: 8 Years Later, OSM Finalizes Stream Protection Rule The United States Office of Surface Mining (“OSM”) has finalized its “Stream Protection Rule (“SPR”) (12/20/16). This was formerly known as the “buffer zone rule” and dates to the early 1980s. OSM adopted it originally as a means of keeping sediment out of streams. It prohibited land disturbance within 100… AFTER THE ELECTION: WHAT COAL NEEDS MOSTNovember 28, 2016 My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel. In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those… Fourth Circuit Rejects Sierra Club’s Health Claims in Mining Permit AppealJuly 14, 2016 The United States Court of Appeals for the Fourth Circuit has unanimously upheld the Army Corps of Engineers’ issuance of a Clean Water Act § 404 permit to Raven Crest Contracting, LLC, a subsidiary of White Forest Resources, Inc. On August 10, 2012, the Corps issued a § 404 “dredge and fill permit” to Raven Crest for its Boone North No. 5 Surface Mine in Boone County, West Virginia. The Ohio… Do You Have a Permit for that Reclaimed Valley Fill? The Sierra Club Says You Need OneJuly 7, 2016 During surface mining, rock and dirt (known as “overburden” or “spoil”) is removed to access coal seams. This rock and dirt swells, leaving the mining operator with excess material after mining and regrading. In the steep slopes of Appalachia, the only place to safely store this excess material is in valleys and hollows in the form of valley fills. Typically, the valley fill material is… Tenth Circuit Vacates District Court NEPA Rulings on Mine Permit Modifications, but Only After Finding Appeals Were MootJune 23, 2016 In 2015, a district court in Colorado ruled that OSM had failed to discharge its NEPA obligations in considering applications to modify existing surface mining permits sought by Colowyo Coal Company and Trapper Mining, Inc. The two mines at issue were the primary fuel suppliers for a power plant. The court ruled that OSM had improperly failed to solicit public comment on its… Oral Arguments in Clean Power Plan Challenge Moved to SeptemberMay 18, 2016 Challenges to EPA’s Clean Power Plan are pending in the Circuit Court for the District of Columbia. Oral argument on those challenges had been scheduled for June 2, 2016. On May 16, though, on its own motion, the D.C. Circuit moved the oral argument date from June until September 27. In addition, the case will no longer be heard before the original three-judge panel assigned to it, but… |
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