C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER L—PERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES › PART 842—FEDERAL INSPECTIONS AND MONITORING

30 C.F.R. § 842.15

Review of decision not to inspect or enforce

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(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the Director or his or her designee to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for Federal inspection under § 842.12. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.

(b) The Director or his or her designee shall conduct the review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the Freedom of Information Act or other Federal law.

(c) Informal review under this section shall not affect any right to formal review under section 525 of the Act or to a citizen's suit under section 520 of the Act.

(d) Any determination made under paragraph (b) of this section shall constitute a decision of OSM within the meaning of 43 CFR 4.1281 and shall contain a right of appeal to the Office of Hearings and Appeals in accordance with 43 CFR part 4.

Notes of Decisions
Cited in 3 cases, 1988–2003 · leading case: West Virginia Highlands Conservancy, Inc. Nat'l Wildlife Fed'n v. Gale A. Norton, Sec'y of the Interior, 343 F.3d 239 (4th Cir. 2003).
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West Virginia Highlands Conservancy, Inc. Nat'l Wildlife Fed'n v. Gale A. Norton, Sec'y of the Interior, 343 F.3d 239 (4th Cir. 2003). · cites it 2× “30 C.F.R. § 842.15 (a). The decision of the Director or his designee may be appealed to the Board.”
Moose Coal Co. v. Clark, 687 F. Supp. 244 (W.D. Va. 1988). · cites it 4× “Following the April 8, 1983 decision of the state hearing officer allowing a third review, VCBR requested on April 11, 1983 an informal review, pursuant to 30 C.F.R. § 842.15 , of OSM’s action on its citizen’s complaint.”
WV Highlands Consrv v. Norton (4th Cir. 2003). · cites it 2× “30 C.F.R. § 842.15 (a). The deci- sion of the Director or his designee may be appealed to the Board.”
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