BHP Mine Expansion Appeal Is Premature: 10th Circ.

Law360, New York (August 29, 2011, 3:24 PM EDT) -- The Tenth Circuit on Friday upheld a lower court’s order for federal mining regulators to reconsider BHP Navajo Coal Co.’s proposed expansion of a coal mining operation on Navajo lands in New Mexico, calling the appeal premature.

A three-judge panel said it lacked jurisdiction to consider BHP's appeal because a final decision on the company's permit application to expand its mining operation hadn’t been reached yet. U.S. District Judge John L. Kane had ordered the U.S. Department of the Interior’s Office of Surface Mining Reclamation and...
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