30 C.F.R. § 778.15

Right-of-entry information

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(a) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify the documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(b) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant shall also submit—

(1) A copy of the written consent of the surface owner for the extraction of coal by surface mining methods;

(2) A copy of the conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or

(3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under applicable State law, the applicant has the legal authority to extract the coal by those methods.

(c) Nothing in this section shall be construed to provide the regulatory authority with the authority to adjudicate property rights disputes.

Notes of Decisions

Cited in 8 cases, 1981–2019 · leading case: In Re Permanent Surface Mining Reg. Litig.. Appeal of Peabody Coal Co., 653 F.2d 514 (D.C. Cir. 1981).

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In Re Permanent Surface Mining Reg. Litig.. Appeal of Peabody Coal Co., 653 F.2d 514 (D.C. Cir. 1981). “tions of certain related laws), 506(b) (term of permit may not exceed five years unless applicant demonstrates longer term necessary to obtain financing), 510(b)(4) (permit'for operations in area under study for designation as unsuitable for surface mining only to be granted if…”

Crow Tribe of Indians v. Peters, 835 F. Supp. 2d 985 (D. Mont. 2011). · cites it 5× “Peters’ Arguments First, Peters argues that federal law requires Westmoreland to obtain surface owner consent before the Office of Surface Mining Reclamation and Enforcement [OSM] may issue a mining permit.”

Wyatt v. United States, 271 F.3d 1090 (Fed. Cir. 2001). “See 30 C.F.R. § 778.15 (2001). For this reason, EMI cannot legally assert a permanent takings claim subsequent to February 28, 1991, and moreover, for the reasons discussed below, we find that there has been no compensable taking prior to February 28,1991.”

M.L. Johnson Fam. Prop. v. David Bernhardt, 924 F.3d 842 (6th Cir. 2019). “§ 1260 (b)(6) ; 30 C.F.R. § 778.15 (b)(3). Those options are: (A) the written consent of the surface owner to the extraction of coal by surface mining methods; or (B) a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or (C)…”

W. Energy Co. v. Genie Land Co., 635 P.2d 1297 (Mont. 1981). · cites it 2× “30 C.F.R. § 778.15 . Although strip mining was known at the time of the deeds of conveyance here in question, and indeed was taking place within a short distance of the lands conveyed, it must be conceded on all sides that the development of environmental protection laws and…”

Anne D. Wyatt v. United States, 271 F.3d 1090 (Fed. Cir. 2001). “See 30 C.F.R. 778.15 (2001). For this reason, EMI cannot legally assert a permanent takings claim subsequent to February 28, 1991, and moreover, for the reasons discussed below, we find that there has been no compensable taking prior to February 28, 1991.”

M.L. Johnson Fam. Props., LLC v. Jewell, 27 F. Supp. 3d 767 (E.D. Ky. 2014). “See 30 C.F.R. § 778.15 (b)(1) (requiring "the written consent of the surface owner”); 405 Ky.”

M.L. Johnson Fam. Props., LLC v. Zinke, 298 F. Supp. 3d 1014 (E.D. Ky. 2018). · cites it 4× “30 C.F.R. § 778.15 . 3 Kentucky's analogous regulation is also restated in terms of the documentation requirements for an application.”

— 30 C.F.R. § 778.15(b)(1) — 1 case

Crow Tribe of Indians v. Peters, 835 F. Supp. 2d 985 (D. Mont. 2011). “Peters’ Arguments First, Peters argues that federal law requires Westmoreland to obtain surface owner consent before the Office of Surface Mining Reclamation and Enforcement [OSM] may issue a mining permit.”

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