30 CFR 773.5 - Regulatory coordination with requirements under other laws

Cite as30 CFR 773.5
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20 practice notes
  • Department of Interior, Office of Surface Mining Reclamation and Enforcement,
    • United States
    • Federal Register December 19, 2000
    • December 19, 2000
    ...510(c) of SMCRA. Id. at 5. Next, the court addressed NMA's challenge to certain of the IFR's presumptions of ownership or control. At 30 CFR 773.5(b)(1) through (6), the IFR contains six separate presumptions of ownership or control. If subject to one of the presumptions, the applicant (or ......
  • Part II
    • United States
    • Federal Register December 03, 2007
    • December 3, 2007
    ...ownership. Moreover, we used the statutory term ``owning of record'' in our ownership and control rules from 1988 through 2000. See, e.g., 30 CFR 773.5 (2000). It was only in our 2000 rule that we used the phrase ``possessing or controlling'' in our ownership definition, and that definition......
  • Stream Protection Rule
    • United States
    • Federal Register July 27, 2015
    • July 27, 2015
    ...paragraph (b)(2)(v) would require consideration of the time required to complete the interagency permitting coordination process under 30 CFR 773.5. --------------------------------------------------------------------------- \209\ 30 U.S.C. Finally, we propose to redesignate existing 30 CFR......
  • Surface coal mining and reclamation operations: Ownership, control, transfer, assignment, or sale of permit rights,
    • United States
    • Federal Register December 03, 2007
    • December 3, 2007
    ...ownership. Moreover, we used the statutory term ``owning of record'' in our ownership and control rules from 1988 through 2000. See, e.g., 30 CFR 773.5 (2000). It was only in our 2000 rule that we used the phrase ``possessing or controlling'' in our ownership definition, and that definition......
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10 cases
  • Pittston Co. v. Lujan, Civ. A. No. 91-0006-A.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Western District of Virginia)
    • April 23, 1992
    ...§ 1260(c)1, and revising the scope of review of a permit applicant's environmental compliance record prior to issuance of new permits. 30 C.F.R. § 773.5, 773.15(b).2 At the same time, OSM established the Applicant/Violator System ("AVS"), a computer system that identifies whether an applica......
  • Arch Mineral Corp. v. Babbitt, Civ. A. No. 2:95-0032.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • August 1, 1995
    ...Diamond Shamrock Coal and (b) OSM's determination that Diamond Shamrock Coal was a presumed owner or controller of Greendale under 30 C.F.R. § 773.5(b)(6).3 The regulation states that an entity will be presumed to own or control a surface coal mining operation where the entity is: "Owning o......
  • West Virginia Div. of Environmental Protection v. Kingwood Coal Co., No. 23876
    • United States
    • Supreme Court of West Virginia
    • July 16, 1997
    ...or indirectly to determine the manner in which the relevant surface coal mining operation is conducted.' Memorandum, at p. 2 (quoting 30 C.F.R. § 773.5(b)(6)). Though the Solicitor believed that the outcome of the Spur case should not be disturbed, he indicated that "its reasoning should no......
  • Nat'l Mining Assoc. v. U.S. Dept. of the Interior, No. 96-5274
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 8, 2001
    ...desires. At any rate, by our count NMA specifically argued against the following old AVS rules issued by the Office of Surface Mining: 30 C.F.R. 773.5, 773.20(c), 773.23(b), 773.24, 773.25 & 778.14(c) (1999). In its supplemental brief, NMA agrees with the government that the new AVS rules m......
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