Utah Chapter of the Sierra Club v. Board of Oil, Gas, & Mining
Utah Supreme Court
1Opinion of the Court
Justice PARRISH,
opinion of the Court:
INTRODUCTION
11 Petitioners appeal a decision of the Board of Oil, Gas, and Mining (Board). The Board affirmed the approval of Alton Coal Development's (ACD) mining permit, which allowed ACD to conduct surface coal mining operations at the Coal Hollow Mine. Petitioners argue that the Board erred in affirming ACD's mining permit because the permit application was deficient in several respects. We disagree and affirm the Board's decision.
BACKGROUND
12 This appeal concerns ACD's permit application seeking to conduct surface and coal mining operations at the…
2Cases cited7 opinions
- Associated General Contractors v. Board of Oil, Gas & MiningUtah Supreme Court · 2001
- Ivory Homes, Ltd. v. Utah State Tax CommissionUtah Supreme Court · 2011
- Utah Chapter of the Sierra Club v. Air Quality BoardUtah Supreme Court · 2009
- Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Associationwest Virginia Mining and Reclamation Association, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James w.weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. International Union, United Mine Workers of America, Intervenor/defendantappellant, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginiafriends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General,chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness division,u.s. Army Corps of Engineers, Huntington District, and Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Association West Virginia Mining and Reclamation Association, Intervenors/defendantsappellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici CuriaeCourt of Appeals for the Fourth Circuit · 2001
- State v. MooneyUtah Supreme Court · 2004
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