DOI Admits Fault In Stream Buffer Zone Rule Suit

Law360, New York (July 18, 2013, 3:10 PM EDT) -- The U.S. Department of the Interior and the Environmental Protection Agency on Wednesday admitted they violated the Endangered Species Act by not consulting with the Fish and Wildlife Service before approving a 2008 rule limiting surface coal mining near streams.

The National Parks Conservation Association sued the federal government in 2009 after the rule was finalized, challenging the DOI’s Office of Surface Mining Reclamation and Enforcement’s finding that the rule, which limits surface mining within 100 feet of a stream except under certain circumstances, would have...
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