Recently, the U.S. District Court of the District of Columbia vacated the biological opinion that governed consultations under the Endangered Species Act for coal mining activities in states that have primacy under the Surface Mining Control and Reclamation Act (SMCRA). You and I have already talked about this. This leaves states like my state of West Virginia in tremendous limbo with respect to how the ESA reviews will be carried out.
Discussing the impact of a court decision on West Virginia.
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