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Full-Text Articles in Law
United States V. Ohio, Hannah R. Seifert
United States V. Ohio, Hannah R. Seifert
Public Land & Resources Law Review
United States v. Ohio is a concise example of the judiciary’s decisive role in ascertaining the intention of parties to an agreement. Relying primarily on the original documents memorializing a cost-sharing agreement to discern intent, the court invalidated two subsurface mining leases entered into between Ohio and Buckingham Coal Company for lack of prior federal approval. The court determined that requiring pre-approval for any lease involving Project lands was consistent with the foundational and foremost purpose of the Project to control flooding.
Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Erick A. Valencia
Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Erick A. Valencia
Public Land & Resources Law Review
The Colorado District Court in WildEarth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement ordered the United States Office of Surface Mining to reevaluate the environmental impact of an approved mining modification plan for the Colowyo Mine after the Office failed to involve the public in the approval process and did not take a “hard look” at the modification’s effects on the environment as required by NEPA. Even though the Office of Surface Mining also approved the Trapper Mine’s modification plan without fulfilling NEPA’s requirements, WildEarth Guardians was left without a remedy regarding that mine because the …