Flawed Records Can Taint Agency Decisions

Law360, New York (December 19, 2011, 1:02 PM EST) -- On Sept. 28, 2011, the Interior Board of Land Appeals of the U.S. Department of Interior took the unusual step of setting aside a decision of the U.S. Bureau of Land Management denying three right-of-way (ROW) applications filed by CAM-Colorado LLC and CAM Mining LLC (hereinafter CAM), both subsidiaries of Rhino Energy of Lexington, Ky.

The board of appeals set aside the decision on the grounds that the BLM failed to produce a properly compiled administrative record to support their decision.

CAM is developing a new...
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