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IN RE PERMANENT SURFACE MIN. REGULATION LITIGATION

Nos. 79-2073, 79-2116.

617 F.2d 807 (1980)

In re PERMANENT SURFACE MINING REGULATION LITIGATION, (two cases). Appeal of PEABODY COAL COMPANY, National Coal Association, and American Mining Congress. Appeal of PENNSYLVANIA COAL MINING ASSOCIATION, Kerry Coal Company, Sunbeam Coal Company and West Freedom Mining Corporation.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 1980.

Attorney(s) appearing for the Case

Warner W. Gardner, Washington, D. C., with whom I. Michael Greenberger, John A. Macleod and Richard McMillan, Jr., Washington, D. C., were on the brief, for appellants.

Harvey M. Sheldon, Sp. Counsel, State of Illinois, Chicago, Ill., with whom Roger L. Chaffe, Asst. Atty. Gen., Commonwealth of Virginia, Richmond, Va., was on the brief, for amici curiae.

Michael A. McCord, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., and Carl Strass, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee.

Stuart Philip Ross, Washington, D. C., also entered an appearance for appellants.

Before TAMM and MacKINNON, Circuit Judges, and HAROLD GREENE, U. S. District Judge for the District of Columbia.

Opinion PER CURIAM.

PER CURIAM:

This case comes to us on appeal from an order entered by Judge Thomas A. Flannery of the United States District Court for the District of Columbia that denied the appellants' request for a preliminary injunction. Specifically, the appellants, several coal-mining firms, asked that the court block implementation of regulations promulgated by the Secretary of the Interior under the Surface Mining Control and Reclamation Act of...

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