Farrell-Cooper Mining Company v. US Department of the Interior, 728 F.3d 1229

Farrell-Cooper Mining and ODM challenge SMCRA-based reclamation permits at Liberty Mines #5 and #6 in Oklahoma.
ODM approved the permits in 2005 and 2009 respectively; OSMRE later issued ten-day notices and notices of violation for contour reclamation concerns.
OSMRE determined that reclaimations did not achieve approximate original contour; ODM and OSMRE disagreed on the contour definition.
Farrell-Cooper sought declaratory and injunctive relief in district court; ODM joined as a cross-claimant asserting exclusive state permitting authority.
District court dismissed, holding the action attacked federal regulations and thus not within the court's jurisdiction; appellants appealed.
Administrative review proceedings were ongoing before the Department of Interior, with stays on enforcement during review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ripeness of claims for review	Farrell-Cooper argues ongoing admin appeals render claims ripe for review.	Federal Appellees contend agency action not final and review would disrupt processes.	Claims not ripe; ongoing admin review means no final agency action.
Jurisdiction under SMCRA §1276(a)(1) to review agency regulations	Farrell-Cooper contends action concerns only individual ODM actions, not regulations.	Defendants argue appellate court lacks jurisdiction to review SMCRA rules/regulations.	Not reached on the merits; court would dismiss as not ripe and leave jurisdictional question unresolved.

Abbott Labs. v. Gardner, 387 U.S. 136 (U.S. 1967) (ripeness requires final agency action and concrete effect)
Sierra Club v. Dep’t of Energy, 287 F.3d 1256 (10th Cir. 2002) (considerations for determining ripeness)
Palma v. State of Utah Wilderness Alliance, 707 F.3d 1158 (10th Cir. 2013) (final agency action and the need for concrete consequences)
South Utah Wilderness Alliance v. Palma, 707 F.3d 1143 (10th Cir. 2013) (ripeness and agency action finality in environmental regulation context)
Texas v. United States, 523 U.S. 296 (U.S. 1998) (prematurity and contingent future events debar premature adjudication)
Leedom v. Kyne, 358 U.S. 184 (U.S. 1958) (narrow exception for jurisdiction when agency acts beyond authority)
Mobil Exploration & Producing U.S., Inc. v. Dep’t of Interior, 180 F.3d 1192 (10th Cir. 1999) (limits on jurisdiction under narrow exceptions to exhaustion)
Roe No. 2 v. Ogden, 253 F.3d 1225 (10th Cir. 2001) (ripeness and reviewability standards in the circuit)
GFF Corp. v. Associated Wholesale Grocers, 130 F.3d 1381 (10th Cir. 1997) (pleading standards for factual sufficiency in reviews)
Coteau Props. Co. v. Dep’t of Interior, 53 F.3d 1466 (8th Cir. 1995) (administrative review limits under SMCRA provisions)