Case Study: Permitting/SMCRA
DGS recently represented Peabody Western Coal Company in a challenge brought by the Navajo Nation, which sought to overturn a decision by the Office of Surface Mining to terminate jurisdiction over a portion of Peabody’s Kayenta Mine. Peabody had successfully completed reclamation of these areas. The Navajo Nation argued that OSM could not terminate jurisdiction while Peabody retained the underlying mineral lease. The Interior Board of Land Appeals upheld OSM’s termination of jurisdiction, holding that OSM’s jurisdiction concerned mining operations, and did not turn on the fact that its lease was issued by and on behalf of an Indian tribe.
DGS has also assisted coal companies in preparation of mine and resource recovery with protection plans and obtaining and defending permits received from federal and state agencies. Firm lawyers are presently assisting two of the largest producers in the Powder River Basin in these matters.