ILNews

COA affirms ruling in favor of mining company, DNR

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.

Squaw Creek Coal Co. was formed partly by Alcoa Inc. to mine coal from the Squaw Creek Mine. The coal was used to power Alcoa’s nearby aluminum production facility. In the 1960s and 1970s, Alcoa used abandoned haul roads in the mine to dispose of waste generated at its facility in coordination with the Indiana Department of Health. SCCC later obtained a permit to mine more of Squaw Creek Mine, and secured reclamation of the land with a bond.

At a public hearing on whether to release portions of the bond after active mining ended, concerns were raised about the disposal of Alcoa’s waste. The Indiana Department of Natural Resources approved the bond release, finding the threat of pollution wasn’t the type of impact anticipated by the bond requirements. An administrative law judge affirmed the decision to release parts of the bond, but vacated the DNR decision to affirm the release on other portions.

SCCC petitioned the trial court for judicial review, and the trial court reversed. Bill Musgrave, a former coal miner, appealed the trial court order in favor of SCCC and the DNR on SCCC’s petition for judicial review.

Musgrave filed a motion to dismiss SCCC’s petition for judicial review for lack of jurisdiction because the company did not serve summonses upon the NRC, the DNR, and the Indiana attorney general, and it didn’t pay the Marion Superior Court filing fee. The trial court denied the motion, which the appellate judges upheld. In Bill Musgrave v. Squaw Creek Coal Co. and Indiana Dept. of Natural Resources, No. 49A05-1104-MI-164, Judge L. Mark Bailey pointed out that the Indiana Administrative Orders and Procedures Act makes no mention of a filing fee and the Marion Superior Court prescribed no filing fee in this case. The judges also found SCCC’s process and service of its petition to be sufficient.

Musgrave is not collaterally estopped from challenging the DNR’s decision to release the reclamation bond on Permit S-008, as DNR and SCCC had argued, because the jurisdictional issue regarding Alcoa’s hazardous wastes was not necessarily adjudicated in the prior proceeding.

The trial court did not err by reversing the ALJ’s order and remanding for entry of judgment in favor of SCCC and the DNR. There is no genuine issue of material fact that SCCC met the Phase III release requirements of the Indiana Surface Mining Control and Reclamation Act, wrote Bailey, and SCCC also satisfied the requirements of the Indiana Administrative code and its own permit.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

ADVERTISEMENT