Big Sky Times

Montana Attorney General Austin Knudsen has joined a coalition of 14 attorneys general in filing a lawsuit against the Biden administration’s rule that shifts regulatory authority over surface coal mining from states to the federal government. This lawsuit marks the 49th filed by Attorney General Knudsen against the current administration.

The contested rule, titled “Ten-Day Notices and Corrective Action for State Regulatory Program Issues,” reverses a Trump-era regulation that reduced federal enforcement at coal mines. It also denies states with federally approved programs, such as Montana, exclusive jurisdiction over most aspects of surface coal mining and reclamation as granted by Congress in the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

While SMCRA acknowledges states' superior expertise and local knowledge regarding mining operations, the new Final Rule allows federal oversight to potentially override state decisions. The lawsuit asserts: “Under the Act, decisions about permitting, bonding, and the like are for States—and States alone—to make. States also occupy the front-line role of inspecting mining sites and enforcing regulatory requirements.” The suit further argues that “the Secretary proposes to overthrow the Act’s deference to States” through this rule.

Key points of contention include subjecting state-granted decisions like permitting to federal oversight via ten-day notices; removing requirements for citizens to contact state regulators before approaching federal authorities; imposing rigid timelines on states for complex investigations; and mandating that federal officials disregard information possessed by state regulators even if it could conclusively prove no violation exists.

Montana's program was approved in 1980, granting it primacy over coal mining regulation on non-federal and non-Indian lands within its borders. A 2023 evaluation by federal authorities confirmed Montana’s program had no regulatory issues and acknowledged that Montana "takes citizen complaints seriously." The Office of Surface Mining Reclamation and Enforcement (OSMRE) found that "Montana DEQ appropriately responded to complainants in a timely manner consistent with applicable rules."

Joining Montana in this legal challenge are attorneys general from West Virginia, Indiana, Alabama, Alaska, Arkansas, Kentucky, Louisiana, North Dakota, Ohio, Texas, Utah, Virginia, and Wyoming.