HODEL v. INDIANA

No. 80-231.

452 U.S. 314 (1981)

HODEL, ACTING SECRETARY OF THE INTERIOR, ET AL. v. INDIANA ET AL.

Supreme Court of United States.

Decided June 15, 1981.


Attorney(s) appearing for the Case

Peter Buscemi argued the cause for appellants. With him on the brief were Solicitor General McCree, Acting Assistant Attorney General Sagalkin, and Michael A. McCord.

G. Daniel Kelley, Jr., argued the cause for appellees. With him on the brief were Theodore L. Sendak, Attorney General of Indiana, Linley E. Pearson, Attorney General-Elect, Jack R. O'Neill, Deputy Attorney General, Harry T. Ice, and Byron L. Myers.*

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 L. 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 Iowa by Thomas J. Miller, Attorney General, and Elizabeth M. Osenbaugh, Assistant Attorney General; for the State of Maryland by Stephen H. Sachs, Attorney General, and Thomas A. Deming and Michael J. Sibinicio II, Assistant Attorneys General; 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 the Mid-America Legal Foundation by John M. Cannon; 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 National League of Cities et al. by Ross D. Davis, Robert K. Corbin, Attorney General of Arizona, Robert T. Stephen, Attorney General of Kansas, and Bruce Eugene Miller, Deputy Attorney General, and David L. Wilkinson, Attorney General of Utah.


JUSTICE MARSHALL delivered the opinion of the Court.

This appeal, like Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., ante, p. 264, also decided today, involves a broad constitutional challenge to numerous important provisions of the Surface Mining Control and Reclamation Act of 1977, 91 Stat. 445, 30 U. S. C. § 1201 et seq. (1976 ed., Supp. III) (Surface Mining Act or Act). Many...

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