On November 9, 2009, the Department of the Interior determined that Jag Energy, LLC (Jag) possessed valid existing rights to maintain a coal haul road within the boundaries of the Daniel Boone National Forest located in Leslie County, Kentucky, under an exception in Section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (the Act), which generally prohibits surface coal mining operations on federal lands within the boundaries of any national forest. The exception met by Jag grants valid existing rights to maintain a road if (1) the road existed when the land upon which it is located came under the protection of the Act, and (2) the person seeking to assert the rights has a legal right to use the road for surface coal mining operations. To meet these requirements, Jag offered evidence that (1) the road was in existence as of August 3, 1977 (the date of the Act), and (2) that Jag received a Road Use Permit from the Forest Service dated June 26, 2009 to rehabilitate and maintain the road (giving Jag a legal right to use the road). This decision will allow Jag to obtain a Kentucky surface coal mining and reclamation permit for the road and to use it to access and haul coal from a surface mine located on adjacent private lands.
The full decision of the Department of the Interior can be read by clicking the following link: Determination of Valid Existing Rights Within the Daniel Boone National Forest, Kentucky, 74 Fed. Reg. 215 (Dep't of Interior Nov. 9, 2009).
Jeffrey K. Phillips
1010 Monarch Street
Suite 250
Lexington, Kentucky 40513
859.219.8210
jeff.phillips@steptoe-johnson.com
This alert is a periodic publication of Steptoe & Johnson PLLC and should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The content is intended for general information purposes only, and you are urged to consult your own lawyer concerning your own situation and any specific legal questions that you may have. For further information about these contents, please contact Steptoe & Johnson PLLC.