Regulatory Compliance

Blaine Early, Ken Gish, Tom Meng and Laura Keller

An important part of any mining operation is its environmental compliance. Stites & Harbison's attorneys have a depth of experience under the Surface Mining Control and Reclamation Act of 1977 and the Clean Water Act and their state counterparts which is unparalleled.

The group's attorneys...

  • Regularly defend mining companies against enforcement actions taken by federal and state regulatory agencies
  • Assist clients in obtaining environmental permits, permit transfers, waivers and variances for mining and mineral development projects
  • Develop comments and participate in legislative and agency rulemaking activities to shape the rights and obligations of mining clients
  • Represented a client regarding the permissible reach of limitations on an owner's ability to mine on property protected by the Kentucky Wild Rivers Act
  • Work with trade associations to clarify regulatory requirements for access to mined property
  • Obtained a federal court injunction against the federal Office of Surface Mining to prevent threatened federal enforcement when an operator was caught in a disagreement between state and federal regulatory agencies
  • Challenged numerous agency regulations and rulemakings at the program level, achieving delays in implementation and favorable settlements in several others
  • Represented a coal company in its successful effort to obtain a permit to construct and operate the largest coal ash landfill in Kentucky despite a determined permit challenge by citizens