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UCSC v. BOARD OF OIL, GAS, AND MIN.

No. 20100969.

289 P.3d 558 (2012)

2012 UT 73

UTAH CHAPTER OF THE SIERRA CLUB, et al., Petitioners, v. BOARD OF OIL, GAS, AND MINING; and Division of Oil, Gas, and Mining, Respondents. and Alton Coal Development, LLC; and Kane County, Utah, Intervenors and Respondents.

Supreme Court of Utah.

October 30, 2012.

Attorney(s) appearing for the Case

Walton Morris , Charlottesville, VA, for Utah Chapter of the Sierra Club, petitioner.

Sharon Buccino , Washington, D.C., for Natural Resources Defense Council, petitioner.

Stephen H.M. Bloch , Salt Lake City, for Southern Utah Wilderness Alliance, petitioner.

Mark Shurtleff , Att'y Gen., Steven F. Alder , Michael S. Johnson , Fredric J. Donaldson , Emily E. Lewis , Asst. Att'ys Gen., for respondents Board of Oil, Gas, and Mining and Division of Oil, Gas, and Mining.

Denise A. Dragoo , Alan L. Sullivan , James P. Allen , Salt Lake City, Bennett E. Bayer , Lexington, KY, for intervenor and respondent Alton Coal Development, LLC.

Jim R. Scarth , Kent A. Burggraaf , Kanab, for intervenor and respondent Kane County, Utah.

Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 Petitioners appeal a decision of the Board of Oil, Gas and Mining (Board). The Board affirmed the approval of Alton Coal Development's (ACD) mining permit, which allowed ACD to conduct surface coal mining operations at the Coal Hollow Mine. Petitioners argue that the Board erred in affirming ACD's mining permit because the permit application was deficient in several respects. We disagree and affirm...

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