Coal Law

Dinsmore & Shohl attorneys have long been dedicated to serving the coal industry. We routinely represent clients engaged in every facet of the ownership, development, leasing, extraction, transportation, purchase and sale of coal. From small tract leases to billion dollar asset transfers; from state permitting disputes to federal litigation shaping the contours of the industry's environmental regulations; from mine safety and health to workers compensation; from wrongful discharge claims to representation of management on UMWA matters; and from class actions to the full range of personal injury and property damage litigation coal companies face, we have been there. And our commitment to serve the coal industry has never been greater.

This site is offered as a resource on current issues affecting the coal industry, identifying significant developments, providing in-depth discussion of longer-term trends, and (occasionally) offering the perspectives of key industry participants on hot topics. We invite you to make Coallaw.com one of your regular stops in staying abreast of coal industry legal issues, and we would be most happy to receive suggestions on how we can make this site more useful in serving that purpose. Feel free to contact Christopher Power or any of the Dinsmore & Shohl Natural Resources attorneys identified on these pages with specific comments and questions.

Features:

Call Your Congressperson Today!

House Education and Labor Committee Chairman George Miller (D-Calif.) is pushing a new "mine safety" bill even before the mining community has had a chance to fully implement the bipartisan Mine Improvement and New Emergency Response (MINER) Act. The House is set to vote on WEDNESDAY on the Supplemental-MINER Act (H.R. 2768), a bill that would impose new, unnecessary regulations on coal mining operations that will do very little to improve mine safety.
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Dinsmore & Shohl Ranked Tops in Nation for Mining Law

Dinsmore & Shohl LLP has received the highest ranking in the nation in Mining Law from Best Lawyers®, a respected peer-review publication. Seven Dinsmore & Shohl attorneys received individual Best Lawyers' recognition in Mining Law - the most of any law firm in the United States.
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U.S. District Court Approves Use of COMS as Proof of Violations
By: Christopher B. Power

In a 42-page Memorandum Opinion issued on August 27, 2007, the U.S. District Court for the Northern District of Alabama found that exceedances measured by Continuous Opacity Monitors ("COMs") at the Colbert coal-fired power plant located in Tuscumbia, Alabama, constitute sufficient 'proof' of violations of opacity limits for purposes of a citizens suit under the Clean Air Act.
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Breaking the Bank: An Overview of MSHA's New Civil Penalty Formula
By: Robert H. Beatty & Jason M. Nutzman

On April 23, 2007, the U.S. Department of Labor's Mine Safety and Health Administration's ("MSHA") new civil penalty assessments will take effect, raising safety and health penalties that will affect the entire mining industry.
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Federal Court Revokes Valley Fill Permits
By: Robert M. Stonestreet

On March 23, 2007, the District Court for the Southern District of West Virginia, Judge Robert C. Chambers presiding, issued a memorandum opinion and order rescinding four individual “dredge and fill” permits issued by the United States Army Corps of Engineers (“Corps”) pursuant to § 404 of the Clean Water Act authorizing construction of certain valley fills in conjunction with surface coal mining operations in West Virginia. Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, No. 3:05-0784 (S.D. W. Va. March 23, 2007). The court’s 89-page opinion followed a six day bench trial in October of 2006.
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