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UNITED STATES v. DIX FORK COAL CO.

No. 81-5125.

692 F.2d 436 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. DIX FORK COAL CO., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 9, 1982.

Attorney(s) appearing for the Case

Forrest Cook, J.L. Roark, Whitesburg, Ky., David E. Arvin, Hopkinsville, Ky., for defendants-appellants.

Louis DeFalaise, U.S. Atty., Jane E. Graham, Asst. U.S. Atty., Lexington, Ky., Courtney Shea, Atty./Advisor, Dept. of Interior, Office of the Field Sol., Knoxville, Tenn., for plaintiff-appellee.

Before LIVELY and KRUPANSKY, Circuit Judges, and BROWN, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Dix Fork Coal Company (Dix Fork), during the course of a mining operation, created an imminent and hazardous danger to the health or safety of the public as defined in regulations promulgated pursuant to the Surface Mining Control and Reclamation Act of 1977 (Act), 30 U.S.C. § 1201 et seq. The Secretary of the Interior (Secretary), charged with enforcement and implementation of the Act through the Office of Surface Mining (OSM...

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