In re SURFACE MINING REGULATION LITIGATION (three cases).
Appeal of AMERICAN MINING CONGRESS et al.
Appeal of AMHERST COAL COMPANY et al.
Appeal of SUNOCO ENERGY DEVELOPMENT COMPANY.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 5, 1979.
Decided May 2, 1980.
Rehearing Denied July 10, 1980.
Attorney(s) appearing for the Case
Robert N. Sayler, Washington, D. C., with whom Theodore Voorhees, Jr. and Robert J. Gage, Washington, D. C., were on brief for appellants American Mining Congress and National Coal Association.
Warner W. Gardner, Washington, D. C., for appellant Peabody Coal Company.
Thomas G. Johnson, Houston, Tex., was on brief for appellant R & F Coal Company.
John L. Kilcullen, Washington, D. C., was on brief for appellant Utah International, Inc.
John A. MacLeod and Richard McMillan, Jr., Washington, D. C., were on brief for appellants Consolidation Coal Company and North American Coal Corporation.
Peter J. Nickles and Eugene D. Gulland, Washington, D. C., were on brief for appellant Sunoco Energy Development Company.
Michael A. McCord, Atty., Dept. of Justice, Washington, D. C., with whom Sanford Sagalkin, Deputy Asst. Atty. Gen., and Carl Strass, Atty., Dept. of Justice, Washington, D. C., were on brief for appellees.
Terence L. Thatcher, L. Thomas Galloway and Jonathan Lash, Washington, D. C., were on brief for appellees National Wildlife Federation, et al.
Also I. Michael Greenberger, Washington, D. C., entered an appearance for appellant in No. 78-2190.
Also James W. Moorman and Lois J. Scheffer, Attys., Dept. of Justice, Washington, D. C., entered an appearance for appellees.
Before McGOWAN, TAMM and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROBB.
ROBB, Circuit Judge:
In this case we are presented with challenges to interim regulations promulgated by the Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq. (Supp. II 1978) (Surface Mining Act or Act). Following publication of the interim regulations in final form on December 13 and 16, 1977, twenty-two complaints attacking...
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