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Surface mining company defeats Notices of Violations and Cessation Order on appeal

September 2018

Client(s) Amerikohl Mining, Inc.

Jones Day appealed a federal Interior Board of Land Appeals' administrative decision fining Amerikohl Mining, Inc. for sedimentation runoff from timbering activity conducted by a third party on property in Western Pennsylvania. Amerikohl received a surface coal mining permit for the property from a Pennsylvania agency, but never activated the permit. Yet the Interior Board upheld Notices of Violations imposing fines against Amerikohl, along with a Cessation Order issued by the Department of the Interior against Amerikohl. After Jones Day filed a complaint in federal district court on behalf of Amerikohl, appeared at the initial conference, and attended mediation, the Department of Interior agreed to vacate the Notices and Order, waive all fines against Amerikohl, and remove the matter permanently from the administrative enforcement database.

Amerikohl Mining, Inc. v. United States Department of the Interior, et al., No. 2-17-cv-01271 (W.D. Pa.)

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