Renewable Energy UpdateDo 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… Fish and Wildlife Service Puts Two Crayfish on Threatened and Endangered Species List. Action Will Affect Projects in the Guyandotte Rivershed of West Virginia and the Big Sandy Watershed of Virginia, Kentucky and West Virginia.April 20, 2016 By Federal Register notice of April 7, 2016, the U.S. Fish & Wildlife Service (“USF&WS” or “Service”) determined that the Big Sandy crayfish is threatened and the Guyandotte River crayfish is endangered. The USF&WS originally proposed the listings on April 7, 2015 (80 FR 18710). See also “Fish and Wildlife Service Lists Snuffbox and Rayed Bean Mussels to Endangered Species List; Faces Lawsuit… U.S. Supreme Court Stays Clean Power Plan Rule for Existing Coal PlantsFebruary 10, 2016 The Obama Administration finalized the “Clean Power Plan” rule for existing coal-fired electric generating plants on October 23, 2015. 80 FR 64662 (Oct. 23, 2015). The rule creates a CO2 budget for states that cannot be met by existing coal-fired units. Instead, the rule depends on widespread “trading” by which states can meet their budgets only if coal-fired units are not… Federal Court Strikes Kentucky Local Right to Work LawFebruary 4, 2016 On Wednesday, February 3, 2016, the U.S. District Court, Western District of Kentucky addressed the issue of whether a right-to-work law may be enacted solely by a state or territorial government, or whether a local government may pass a law prohibiting union-security agreements. The Court ruled that the local regulation, in this case a Hardin County right to work ordinance, was invalid as… Jackson Kelly Introduces Data Privacy and Security TeamJanuary 29, 2016 We live in an increasingly digital world, but with advancement comes greater risk. Data breaches, leaks and even employee use of social media can all put your company at risk. To address these issues, Jackson Kelly is pleased to introduce its Data Privacy and Security Team. These attorneys, representing the Firm across a number of practice areas and locations, work with clients to identify… RELEASE OF THE FALL 2015 MSHA REGULATORY AGENDADecember 1, 2015 The Office of Information and Regulatory Affairs in the Executive Office of the President released the 2015 Fall Unified Regulatory Agenda (“Agenda”) for the Department of Labor (“DOL”). The Agenda announced the DOL’s proposed rulemaking activity for the 2016. The Agenda references rulemaking for many agency subparts, including the Mine Safety and Health Administration (“MSHA”). MSHA has several… EPA Tries to Block Murray Energy's Deposition of Gina McCarthyNovember 16, 2015 We have previously written about Murray Energy’s lawsuit against EPA in the Northern District of West Virginia. There, Murray Energy claims that EPA has failed to conduct studies required by Section 321 of the Clean Air Act about the effects of its rules and enforcement actions on jobs. The Court has permitted Murray Energy to conduct discovery, holding dispositive motions by EPA in abeyance… EPA Rejects NPDES Takeover Petition in WV; Still to Make a Decision in KYOctober 29, 2015 We have previously reported (in March 2015 and July 2015) on a challenge by the Sierra Club and other groups to EPA’s failure to respond to a petition requesting that EPA rescind the NPDES programs in Kentucky and West Virginia. After false starts in federal district courts, the Sierra Club filed actions in both the Sixth Circuit and the Fourth Circuit Court of Appeals challenging EPA’s… U.S. Fish and Wildlife Service Takes Action on Petitions to List Kentucky Arrow Darter and Cumberland Arrow Darter as Endangered or Threatened SpeciesOctober 21, 2015 The U.S. Fish and Wildlife Service (“USF&WS”) has taken action on petitions to list both the Cumberland Arrow Darter and the Kentucky Arrow Darter as endangered or threatened species under the Endangered Species Act. It has declined to list the Cumberland Arrow Darter, but has proposed to list the Kentucky Arrow Darter and has proposed critical habitat to protect the species. Cumberland… NLRB Re-Defines Joint Employer Standard - Altering Many Business RelationshipsSeptember 9, 2015 Recently, the National Labor Relations Board handed down a much anticipated ruling in Browning-Ferris Industries of California (BFI), a case that tested the decades?old and commonly accepted joint employer standard to determine whether two otherwise separate entities are considered one joint employer for collective bargaining purposes (and possibly other purposes). The Board ruled that… |
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