North Dakota Mine Doesn’t Need Federal Air Permit, 8th Cir. Says

Nov. 20, 2020, 6:05 PM

Coyote Creek Mining Co. LLC doesn’t need a construction permit under federal air pollution law and doesn’t need to implement a dust control plan for its lignite mine in North Dakota, the Eight Circuit affirmed Friday in a loss for nearby ranch owners.

The dispute in the U.S. Court of Appeals for the Eight Circuit centered on whether a coal pile at the site was part of the mine.

If the pile was part of the mine’s coal processing plant, then the Clean Air Act would mandate a coal dust control plan. The designation would add the dust emissions to...

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