DOI Seeks To Fold In Enviro Challenge To Stream Protections

Law360, Washington (September 12, 2013, 4:53 PM EDT) -- The U.S. Department of the Interior and the Environmental Protection Agency asked a Washington court Wednesday to rule against it in an Endangered Species Act suit over a contested 2008 rule tied to surface coal mining, while an intervening coal interest group said the government had erred in partially conceding the case.

At a status hearing Thursday, the government said the court should proceed to summary judgment on the case brought by the National Parks Conservation Association 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...

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