Challenges For The Appalachian Coal Industry In 2010

Law360, New York (January 7, 2010, 4:07 PM EST) -- As a new decade begins, coal companies with operations in Appalachian states face the prospect of continued efforts by opposition groups and their federal agency allies to severely limit their production activities, including in particular the development of new surface mines.

Lengthening reviews under the federal Clean Water Act ("CWA") Section 404 "dredge and fill" permit program (and judicial challenges to any 404 permits that are actually issued) will remain a primary tool in accomplishing this goal.

In addition, industry can expect to face a renewed...
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