Case Study: Termination of Jurisdiction

DGS represented Peabody Western Coal Company in a challenge brought by the Navajo Nation, which sought to overturn a decision by OSM 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 depend on the nature of the mineral lease.