National Mining Association v. Gina McCarthy

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

The process of surface coal mining is straightforward. When a coal deposit lies close to the earth’s surface, mining companies remove the topsoil and the rock above the coal. Once the coal is exposed, the companies extract it and relocate the removed earth.

Surface coal mining in the Appalachian region produces a good deal of America’s domestic coal, which is an important source (along with natural gas and nuclear energy) for the electricity that lights American houses and businesses, and powers TVs and computers…