30 C.F.R. § 761.200
Interpretative rule related to subsidence due to underground coal mining in areas designated by Act of Congress
OSM has adopted the following interpretation of rules promulgated in part 761.
(a) Interpretation of § 761.11—Areas where mining is prohibited or limited. Subsidence due to underground coal mining is not included in the definition of surface coal mining operations under section 701(28) of the Act and § 700.5 of this chapter and therefore is not prohibited in areas protected under section 522(e) of the Act.
(b) [Reserved]
Notes of Decisions
Cited in 3
cases, 2002–2006 · leading case: Ctzn Coal Cncl v. Norton, Gale A., 330 F.3d 478 (D.C. Cir. 2003).
Ctzn Coal Cncl v. Norton, Gale A., 330 F.3d 478 (D.C. Cir. 2003). “The Litigation This case began with Citizens Coal Council’s (“CCC”) challenge to the Secretary of the Interior’s final rulemaking action by which she promulgated the regulation contained in 30 C.F.R. § 761.200 (2003). The challenged regulation is an interpretive rule, based on…”
Benchmark Resources Corp. v. United States, 74 Fed. Cl. 458 (Fed. Cl. 2006). “30 C.F.R. § 761.200 . Subsidence, however, is regulated pursuant to section 516 of SMCRA.”
Citizens Coal Council v. Norton, 193 F. Supp. 2d 159 (D.D.C. 2002). “30 C.F.R. § 761.200 (a); 64 Fed.Reg. 70,838, 70,843 (Dec.”
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