M.L. Johnson Family Properties, LLC v. Jewell, 27 F. Supp. 3d 767

M.L. Johnson Family Properties, LLC sues the Secretary of the Interior to halt Premier Elkhorn Coal’s surface mining on their land.
Elkhorn obtained a Kentucky permit, but plaintiffs allege it fails to meet minimum federal requirements under the Surface Mining Control and Reclamation Act (SMCRA).
SMCRA creates cooperative federalism: federal floor with state enforcement; states may regulate if approved by the Secretary.
Kentucky’s program was approved in 1982; after approval, federal law delegates exclusive jurisdiction to the state over surface mining, subject to federal oversight for minimum standards.
A private citizen can sue under SMCRA § 1270 to compel Secretary action, but ordinarily a 60-day waiting period applies; urgency exceptions allow immediate suit if a violation poses imminent environmental harm or immediately affects a plaintiff’s legal interests.
The court grants a preliminary injunction requiring inspection of Elkhorn’s permit and halting mining on the plaintiffs’ land pending inspection and further action.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 60-day waiting period applies to § 1270(a)(2) suit.	Johnson may sue immediately under urgency exception.	Secretary argues 60-day waiting period applies.	No; urgency exception allows immediate suit.
Whether Elkhorn’s permit violated § 1260(b)(6)(A) by requiring consent of all surface owners.	Consent must come from all surface owners; Pike Letcher consent alone insufficient.	State law could supply consent; one owner may suffice.	Consent of all surface owners required when surface estate is severed.
Whether the plaintiff is entitled to a preliminary injunction and inspection order.	Inspections necessary; imminent risk to land and noncompliance with minimum standards.	Permit may be valid; no imminent environmental harm shown.	Plaintiff granted preliminary injunction; Secretary must inspect and decide subsequent action.

Hodel v. Va. Surface Mining & Reclamation Ass’n, 452 U.S. 264 (1981) (federal-floor/state-enforcement framework; exclusive state jurisdiction after approval)
Bragg v. West Virginia Coal Ass’n, 248 F.3d 275 (4th Cir.2001) (when state program approved, look to state law for enforcement of minimum standards)
Pennsylvania Federation of Sportsmen’s Clubs, Inc. v. Hess, 297 F.3d 310 (3d Cir.2002) (exclusive state jurisdiction with federal oversight; enforcement standards)
Coalition to Defend Affirmative Action v. Granholm, 501 F.3d 775 (6th Cir.2007) (standing/intervention standard for substantial legal interests)
Michigan State AFL-CIO v. Miller, 103 F.3d 1240 (6th Cir.1997) (expansive notion of interest sufficient to invoke intervention of right)
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000) (standing requirements; concrete injury in fact)
Russello v. United States, 464 U.S. 16 (1983) (presumption against implied repeals; interpret statutes intentionally)
Noel Canning v. N.L.R.B., 705 F.3d 490 (D.C.Cir.2013) (definite article usage signals specificity in statutory terms)