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LEGAL NEWSLINE

Thursday, September 19, 2024

Indiana Attorney General leads lawsuit against federal coal mining regulation changes

State AG
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Indiana Attorney General Todd Rokita | Official Website

Attorney General Todd Rokita is co-leading a multistate lawsuit against U.S. Interior Secretary Deb Haaland’s federal efforts to oversee surface coal mining and reclamation regulations, which he argues undermine state authority.

The Surface Mining Control and Reclamation Act of 1977 grants states with federally approved programs exclusive jurisdiction over most aspects of surface coal mining and reclamation. The new federal rule, according to Rokita, overturns this principle by allowing the federal government to override state decisions, potentially complicating operations with additional bureaucratic requirements.

“Simply put, this new rule is unlawful,” Attorney General Rokita stated. “It intrudes on Indiana’s rightful authority under the American system of federalism. We’re suing to uphold the proper balance of power between the individual states and the federal government and to prevent another unjustified assault by the Biden administration on coal.”

Rokita highlighted Indiana's track record in managing surface coal mining and reclamation, noting that state-run programs have received national and regional awards for their effectiveness. Federal evaluations in 2023 praised the Indiana Department of Natural Resources for administering its program in a way that protects citizens and the environment from adverse impacts resulting from surface coal mining activities.

The lawsuit documentation is available for review.

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