In re PERMANENT SURFACE MINING REGULATION LITIGATION.
Appeal of PEABODY COAL COMPANY.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 23, 1980.
Decided April 1, 1981.
Certiorari Denied October 5, 1981.
Attorney(s) appearing for the Case
Warner W. Gardner, Washington, D. C., with whom I. Michael Greenberger and James R. Bird, Washington, D. C., were on the brief, for appellant.
Michael A. McCord, Atty., Dept. of Justice, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., Carl Strass, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee, Secretary of the Interior. Robert L. Klarquist, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellee.
L. Thomas Halloway, Richard Webb, Norman Dean, Terence L. Thatcher, Washington, D. C., were on the brief for appellee National Wildlife Federation. Jonathan Lash, Washington, D. C., was on the brief for appellee Natural Resources Defense Council.
Roger L. Chaffe, Asst. Atty. Gen., Com. of Va., Richmond, Va., was on the brief for amicus curiae urging reaffirmance.
Harvey M. Sheldon, Sp. Counsel, State of Ill., Chicago, Ill., was on the brief for amicus curiae urging reaffirmance.
Before McGOWAN, Chief Judge, and WRIGHT, TAMM, ROBINSON, MacKINNON, ROBB, WILKEY, WALD, MIKVA, EDWARDS and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Argued En Banc October 23, 1980.
Certiorari Denied October 5, 1981. See 102 S.Ct. 106.
Opinion for the court filed by Circuit Judge MIKVA.
Dissenting opinion, in which Circuit Judges MacKINNON, ROBB and WILKEY join, filed by Circuit Judge TAMM.
Dissenting opinion filed by Circuit Judge MacKINNON.
MIKVA, Circuit Judge:
This case presents a narrow question concerning the relative authority...
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