Industry-Focused Education, Networking & Advocacy
Beyond the Stream Protection Rule Reversal -
Related Regulatory Actions and Implications for Mining
Paul M. Seby, Greenberg Traurig, LLP
Wednesday, May 17, 2017 ~ 2-3 pm Eastern
The Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) issued its “Stream Protection Rule” (SPR) in late 2016. Prompt legal challenges were made by several states and mining associations. The SPR was invalidated by Congress and the President under the Congressional Review Act (CRA) in February 2017. But that’s not all…….
An important related but much less known action by the U.S. Fish & Wildlife Service (FWS) would have effectively allowed the SPR to live on and greatly impair state regulatory authority over surface coal mining. Recently, the new administration took steps to stop that.
This is good news for surface coal mining operators and the states which have primacy in regulating such operations. Subsequent to the reversal of the SPR, there are lessons to be learned and pitfalls to avoid regarding interim and future regulatory actions. The OSMRE is undertaking a formal consultation process with the FWS to develop a replacement BiOp for surface coal mining permit action reviews. States and industry must be engaged to ensure that it be scientifically credible, and not contain components of the SPR.
Join us as Paul Seby discusses the rest of the SPR story. The implications of these interim and future developments are of critical importance to states and mining companies as they move forward with mine approvals and operations.
There is no charge for members of the
American Coal Council, but pre-registration is required.
Non-members may register for a fee of $50.
Greenberg Traurig, LLP is an international law firm with 2000 attorneys and governmental affairs professionals and 38 offices in the United States, Latin America, Europe, the Middle East and Asia. Greenberg Traurig is a multidisciplinary firm that helps clients bridge diverse legal systems and cultures, with a focus on efficient and effective strategic advice and legal services.
The American Coal Council’s Coal Q&A Program provides a forum to address critical issues affecting the U.S. coal industry ~ including coal producers, consumers and transporters. Each program begins with a topic briefing by a leading industry analyst or representative, followed by a Q&A session.