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STATE OF IND. v. ANDRUS

Civ. Nos. IP 78-500-C, IP 78-501-C.

501 F.Supp. 452 (1980)

STATE OF INDIANA; Otis R. Bowen, M.D., Governor of the State of Indiana; Joseph D. Cloud, Director of the Indiana Department of Natural Resources; and Indiana Department of Natural Resources, Plaintiffs, v. Cecil D. ANDRUS, as Secretary of the United States Department of the Interior; Walter J. Heine, as Director of the Office of Surface Mining Reclamation and Enforcement; Office of Surface Mining Reclamation and Enforcement; United States Department of the Interior; and the United States of America, Defendants. INDIANA COAL ASSOCIATION; Meadowlark Farms, Inc.; Amax Coal Company, a division of Amax Inc.; Peabody Coal Company; and John A. Conlon, a resident and citizen of the State of Indiana, Plaintiffs, v. The UNITED STATES of America; the United States Department of the Interior; Cecil D. Andrus, as Secretary of the United States Department of the Interior; the Office of Surface Mining Reclamation and Enforcement; and Walter J. Heine, as Director of the Office of Surface Mining Reclamation and Enforcement, Defendants.

United States District Court, S. D. Indiana, Indianapolis Division.

Probable Jurisdiction Noted October 6, 1980.

Attorney(s) appearing for the Case

Deputy Atty. Gen. Jack O'Neill, for State of Indiana.

G. Daniel Kelley, Jr., of Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for Indiana Coal Assn., et al.

Jeffrey Klinger, Evansville, Ind., for Peabody Coal.

Wayne L. Kelley, Indianapolis, Ind., for Amax Coal.

Alfred T. Ghiorzi, Washington, D. C., Deputy U. S. Atty. Harold R. Bickham, Indianapolis, Ind., for Dept. of Interior.

Probable Jurisdiction Noted October 6, 1980. See 101 S.Ct. 67.

MEMORANDUM OF DECISION

NOLAND, District Judge.

Plaintiffs in these consolidated actions seek a judgment declaring various portions of the Surface Mining and Control Act of 1977 (the Act), 30 U.S.C. §§ 1201 to 1328, unconstitutional, as well as a permanent injunction preventing enforcement of the challenged provisions by the Secretary of the Interior. The matter came before the...

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