2026-09024Proposed Rule

Utah Proposes Bond Requirements for Coal Mining Protections

Published Date: 5/7/2026

Proposed Rule

Summary

Utah is updating its coal mining rules to require people who win temporary environmental protections to post a bond. This change, based on a new state law effective May 6, 2026, affects anyone involved in environmental legal actions related to mining. You can share your thoughts by June 8, 2026, and there might be a public hearing on June 1 if enough people ask for it.

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Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Bond Required for Environmental Stays

If you obtain a preliminary injunction or administrative stay in an "environmental action," you must post a bond with the court or agency sufficient to pay damages to defendants if you lose. The rule applies to causes of action filed on or after May 10, 2011 that seek judicial review of a final agency action, and the change is tied to HB 419 effective May 6, 2026.

Coal Permits Brought Into Bond Rule

HB 419 removed the exemption at UCA 78B-5-828(1)(a)(ii), so permit actions under the Utah Division of Oil, Gas, and Mining's Coal Mining and Reclamation program are now treated as "environmental actions" for the bond requirement. This change means challenges to coal mining permits are subject to the same bond posting and potential damage awards, effective May 6, 2026.

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Key Dates

Effective Date
Published Date
Comments Due
5/6/2026
5/7/2026
6/8/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
Surface Mining Reclamation and Enforcement Office
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