HODEL, ACTING SECRETARY OF THE INTERIOR
v.
VIRGINIA SURFACE MINING & RECLAMATION ASSOCIATION, INC., ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued February 23, 1981.
Decided June 15, 1981.
Attorney(s) appearing for the Case
Peter Buscemi argued the cause for appellant in No. 79-1538 and appellees in No. 79-1596. With him on the briefs were Solicitor General McCree, Acting Assistant Attorney General Sagalkin, and Michael A. McCord.
Marshall Coleman, Attorney General of Virginia, argued the cause for appellees in No. 79-1538 and appellants in No. 79-1596. With him on the brief for appellees Virginia Surface Mining & Reclamation Association, Inc., et al. were Roger L. Chaffe and Gregory M. Luce, Assistant Attorneys General, and John L. Kilcullen. Robert T. Copeland filed a brief for the Town of St. Charles et al., appellees under this Court's Rule 10.4, in both cases.†
Briefs of amici curiae urging affirmance were filed for the State of Alaska et al. by Wilson L. Condon, Attorney General of Alaska, Wayne Minami, Attorney General of Hawaii, and Johnson H. Wong, Deputy Attorney General, David H. Leroy, Attorney General of Idaho, Steven L. Beshear, Attorney General of Kentucky, William J. Guste, Jr., Attorney General of Louisiana, and Gary L. Keyser and Carmack M. Blackmon, Assistant Attorneys General, Paul J. Douglas, Attorney General of Nebraska, and Judy K. Hoffman, Assistant Attorney General, Jeff Bingaman, Attorney General of New Mexico, Jan Eric Cartwright, Attorney General of Oklahoma, Dennis J. Roberts II, Attorney General of Rhode Island, Mark V. Meierhenry, Attorney General of South Dakota, and Robert B. Hansen, Attorney General of Utah; for the State of Arizona et al. by Robert C. Corbin, Attorney General of Arizona, Wayne Minami, Attorney General of Hawaii, and Johnson H. Wong, Deputy Attorney General, Richard H. Bryan, Attorney General of Nevada, Larry D. Struve, Chief Deputy Attorney General, and Harry W. Swainston, Deputy Attorney General, Allen I. Olson, Attorney General of North Dakota, and Ray Walton, Special Assistant Attorney General, James M. Brown, Attorney General of Oregon, Robert B. Hansen, Attorney General of Utah, Slade Gorton, Attorney General of Washington, and John D. Troughton, Attorney General of Wyoming; for the State of Illinois by Tyrone C. Fahner, Attorney General, and Harvey M. Sheldon; for the State of Texas by Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Richard E. Gray III, Executive Assistant Attorney General, and Justin Andrew Kever, Assistant Attorney General; for Coal Operators and Associates, Inc., by John Robert Leathers, Joseph J. Zaluski, and Eugene F. Mooney; for the Mountain States Legal Foundation by Roger J. Marzulla; for the National Coal Association et al. by John A. MacLeod, and Richard McMillan, Jr.; and for the Pacific Legal Foundation by Ronald A. Zumbrun and Raymond M. Momboisse.
Eugene F. Mooney, George L. Seay, Jr., and John Robert Leathers filed a brief for Pike County, Kentucky, as amicus curiae.
Supreme Court of United States.
JUSTICE MARSHALL delivered the opinion of the Court.
These cases arise out of a pre-enforcement challenge to the constitutionality of the Surface Mining Control and Reclamation Act of 1977 (Surface Mining Act or Act), 91 Stat. 447, 30 U. S. C. § 1201 et seq. (1976 ed., Supp. III). The United States District Court for the Western District of Virginia declared several central provisions of the Act unconstitutional...
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