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6th Circ. OKs Mining Permit Over Joint Landowner's Objection

Law360 (May 15, 2019, 9:24 PM EDT) -- The Sixth Circuit on Wednesday affirmed the validity of a coal mining permit issued to a joint owner of a Pike County, Kentucky, site even though the other owner objected to the mining, deciding that Kentucky law dictated the result and allowed for the permit.

U.S. Circuit Judge David W. McKeague, writing for a unanimous panel, said that Premier Elkhorn Coal LLC was issued a valid surface mining permit despite the protests of M.L. Johnson Family Properties LLC. The panel decided that the Surface Mining Control and Reclamation Act of 1977 included a provision that allowed the permit to be granted...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 6th Circuit

Nature of Suit

2893 Environmental Matters

Date Filed

May 21, 2018

Law Firms

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