8th Circ. Sides With Coal Mining Co. In ND Clean Air Suit

Law360 (November 20, 2020, 9:00 PM EST) -- The Eighth Circuit on Friday affirmed the dismissal of two North Dakota ranchers' claims that a mining company received inadequate permits for its coal operations, agreeing with a lower court to defer to the state agency that greenlit construction.

A divided three-judge panel said in a published opinion that a district court correctly granted summary judgment for Coyote Creek Mining Co. in its fight with ranchers Casey and Julie Voigt. The panel majority said that ambiguous federal language on which permits were necessary meant that the state's decision should be left intact. But one judge pushed back, saying that state agencies...

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