C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining

43 C.F.R. § 4.1290

Who may file

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(a) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under the Act which results in—

(1) A final order being issued by an administrative law judge; or

(2) A final order being issued by the Board.

(b) [Reserved]

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1998–2023 · leading case: Kentucky Resources Council, Inc. v. Babbitt, 997 F. Supp. 814 (E.D. Ky. 1998).
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Kentucky Resources Council, Inc. v. Babbitt, 997 F. Supp. 814 (E.D. Ky. 1998). · cites it 3× “Section 525(e) provides as follows: Whenever an order is issued under this section, or as a result of any administrative proceeding under this Act, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined…”
MEIC v. Westmoreland Rosebud Mining, 2023 MT 224 (Mont. 2023). “The Secretary determined, in relevant part, “[t]he Montana program does not provide for award of costs in administrative proceedings, including attorneys fees, in accordance with Sections 520 and 525 of SMCRA and 43 CFR 4.1290 et seq. . . . [A] State program must include…”
MEIC v. Westmoreland Rosebud Mining (Mont. 2023). “The Secretary determined, in relevant part, “[t]he Montana program does not provide for award of costs in administrative proceedings, including attorneys fees, in accordance with Sections 520 and 525 of SMCRA and 43 CFR 4.1290 et seq. . . . [A] State program must include…”
M.L. Johnson Fam. Props., LLC v. Bernhardt (E.D. Ky. 2021). “The attorney’s fees provision of the SMCRA and the success on the merits requirement is further explained by the regulations found in 43 C.F.R. §§ 4.1290 through 4.1296. A person may file for an award of attorney’s fees under the SMCRA as long as the administrative proceeding…”
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