March 01, 2015

D.C. Circuit Rules on Mining Guidances

Erin Flannery Keith

In National Mining Ass’n v. McCarthy, No. 12-5310 (D.C. Cir. July 11, 2014), the D.C. Circuit held that a memorandum of understanding (MOU) and a guidance related to Appalachian surface coal mining were not final agency actions ripe for review. The D.C. Circuit reversed the district court’s grant of summary judgment in favor of plaintiffs, and remanded to the district court to grant judgment for the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) in the matter of the MOU and dismiss plaintiffs’ challenge to the guidance document.

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