30 U.S.C. § 1264

Decisions of regulatory authority and appeals

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(a) Issuance of findings within 60 days after informal conference

If an informal conference has been held pursuant to section 1263(b) of this title, the regulatory authority shall issue and furnish the applicant for a permit and persons who are parties to the administrative proceedings with the written finding of the regulatory authority, granting or denying the permit in whole or in part and stating the reasons therefor, within the sixty days of said hearings.

(b) Decision without informal conference; notification within a reasonable time

If there has been no informal conference held pursuant to section 1263(b) of this title, the regulatory authority shall notify the applicant for a permit within a reasonable time as determined by the regulatory authority and set forth in regulations, taking into account the time needed for proper investigation of the site, the complexity of the permit application, and whether or not written objection to the application has been filed, whether the application has been approved or disapproved in whole or part.

If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the final decision of the regulatory authority on the permit application, the applicant or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the final determination. The regulatory authority shall hold a hearing within thirty days of such request and provide notification to all interested parties at the time that the applicant is so notified. If the Secretary is the regulatory authority the hearing shall be of record and governed by section 554 of title 5. Where the regulatory authority is the State, such hearing shall be of record, adjudicatory in nature and no person who presided at a conference under section 1263(b) of this title shall either preside at the hearing or participate in this decision thereon or in any administrative appeal therefrom. Within thirty days after the hearing the regulatory authority shall issue and furnish the applicant, and all persons who participated in the hearing, with the written decision of the regulatory authority granting or denying the permit in whole or in part and stating the reasons therefor.

(d) Temporary reliefWhere a hearing is requested pursuant to subsection (c), the Secretary, where the Secretary is the regulatory authority, or the State hearing authority may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if—(1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;(2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding; and(3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.(e) Power of regulatory authority with respect to rehearing

For the purpose of such hearing, the regulatory authority may administer oaths, subpoena witnesses, or written or printed materials, compel attendance of the witness, or production of the materials, and take evidence including but not limited to site inspections of the land to be affected and other surface coal mining operations carried on by the applicant in the general vicinity of the proposed operation. A verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the regulatory authority.

(f) Right to appeal in accordance with section 1276 of this title

Any applicant or any person with an interest which is or may be adversely affected who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the regulatory authority, or if the regulatory authority fails to act within the time limits specified in this chapter shall have the right to appeal in accordance with section 1276 of this title.

(Pub. L. 95–87, title V, § 514, Aug. 3, 1977, 91 Stat. 485.)

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1978–2026 · leading case: Arsenal Coal Co. v. Commonwealth, Dep't of Env't Resources, 477 A.2d 1333 (Pa. 1984).

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Arsenal Coal Co. v. Commonwealth, Dep't of Env't Resources, 477 A.2d 1333 (Pa. 1984). · cites it 2× “§ 1263 ), and decisions on permit applications by state regulatory authorities as well as appeals from such decisions (Section 514, 30 U.S.C. § 1264 ). The Act contains provisions for inspections and monitoring (Section 517, 30 U.”

Rith Energy, Inc. v. United States, 247 F.3d 1355 (Fed. Cir. 2001). “Rith then filed an administrative appeal pursuant to 30 U.S.C. § 1264 . In the administrative appeal, Rith challenged OSM’s actions on a number of grounds, including its contention that acid mine drainage was unlikely to occur at the mine site and that its toxic materials…”

Dine Citizens Against Ruining Our Env. v. Klein, 676 F. Supp. 2d 1198 (D. Colo. 2009). · cites it 4× “" 30 U.S.C. § 1264 (c), (f); see 30 U.S.C. § 1276 .”

In Re Surface Mining Reg. Litig., 456 F. Supp. 1301 (D.D.C. 1978). “25 The Act and its legislative history, however, support the Secretary’s interpretation that § 521(a)(5) only requires an informal hearing within 30 days of the cessation order. When Congress intended that public hearings conducted under the Act be held in accordance with the…”

Powder River Basin Resource Council v. Wyoming Env't Quality Council, 869 P.2d 435 (Wyo. 1994). · cites it 2× “In a footnote to that statement, citing 30 USC §§ 1264 , 1268(b), and 1275(a)(2) (1982), the court stated that "proceedings involving the Act’s enforcement scheme are also necessarily adjudicatory proceedings.”

Pittston Co. v. Lujan, 798 F. Supp. 344 (W.D. Va. 1992). · cites it 2× “The regulatory authority must issue a decision on the permit application within a reasonable time pursuant to 30 U.S.C. § 1264 (b) or equivalent state law.”

Washington Fed. v. United States, 26 F.4th 1253 (Fed. Cir. 2022). “at 1365 ; see also 30 U.S.C. §§ 1264 , 1276. 7 Rith Energy engaged in that process, lost its administrative appeal, and voluntarily dismissed its district court action seeking re- view of the administrative ruling.”

Dine Citizens Against Ruining Our Env't v. Klein, 676 F. Supp. 2d 1198 (D. Colo. 2009). · cites it 4× “” 30 U.S.C. § 1264 (c), ffi; see 30 U.S.C. § 1276 .”

Ramex Mining Corp. v. Watt, 753 F.2d 521 (6th Cir. 1985). “30 U.S.C. § 1264 . The District Court overruled in part the government’s motion to dismiss the complaints on grounds that plaintiffs had not exhausted their administrative remedies and that their cases were not ripe for decision.”

Citizens for Constitutional Integrity v. United States (10th Cir. 2026). · cites it 3× “§ 1263 (b) (opportunity to object to the permit application); 30 U.S.C. § 1264 (c) (right to request a rehearing); 30 U.”

Washington Fed. v. United States (Fed. Cir. 2022). “at 1365 ; see also 30 U.S.C. §§ 1264 , 1276. 7 Rith Energy engaged in that process, lost its administrative appeal, and voluntarily dismissed its district court action seeking re- view of the administrative ruling.”

Fincastle Mining, Inc. v. Babbit, 842 F. Supp. 204 (W.D. Va. 1993). “30 U.S.C. § 1264 . When OSM is the regulatory authority, a decision denying an application for a surface coal mining permit may be appealed to the department’s Office of Hearings and Appeals, hearing division pursuant to 43 C.”

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