Several anti-mining activist groups filed a 60-day Notice of Intent to Sue (NOI) with the federal Office of Surface Mining (OSM) earlier this week, alleging the agency has failed to take federal oversight action with regards to the West Virginia mining regulatory program.
The NOI contains several allegations of the West Virginia Department of Environmental Protection’s (WV DEP) failure to properly enforce and administer its federally-approved state mining program which would trigger OSM’s duty under the federal Surface Mining Control & Reclamation Act to implement a federal regulatory program for West Virginia and/or undertake direct federal enforcement of the approved state program.
The NOI makes two primary allegations: that the WV DEP has consistently failed to conduct adequate inspections at a frequency and level of detail required by the state and federal programs and the state agency fails to properly administer its permitting program with respect to the designation and analysis of cumulative impact areas.
We are monitoring this NOI and any response to OSM or resulting litigation closely. If you have any questions or need any further information, please give us a call. For a summary of the NOI or a copy of the actual document, please contact jbostic@wvcoal.com.