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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.


COALEX STATE INQUIRY REPORT - 104
February 2, 1989

Michael Anderson
Indiana Division of Reclamation
P.O. Box 147
Jasonville, Indiana 47438

TOPIC: INDIANA ALJ AND IBLA DECISIONS

INQUIRY: Locate all 1987 and 1988 Office of Hearing and Appeals (OHA) Decisions which involve surface coal mining in Indiana.

SEARCH RESULTS: Research was performed in COALEX. One decision was located on the Interior Board of Land Appeals (IBLA) level. No Administrative Law Judge (ALJ) decisions were identified. (The last Indiana ALJ decisions identified were dated 1985). The OHA office in Arlington, Virginia confirmed these findings.

A copy of the 1988 Indiana IBLA decision and the 1985 ALJ decision from which it was appealed are attached.


ATTACHMENTS

  1. PEABODY COAL CO. v OSMRE, 101 IBLA 167, Docket No. IBLA 85-695 (February 17, 1988).
  2. PEABODY COAL CO. v OSM, Docket No. CH 4-22-P (June 4, 1988).

Research conducted by: Joyce Zweben Scall

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