MEMORANDUM OPINION
HOBBS, District Judge.
This cause is now before the Court on the parties' cross-motions for summary judgment. The Alabama Surface Mining Commission has filed an amicus curiae brief in support of defendant's position. This action involves a challenge to defendant's approval of the Alabama Surface Mining Control and Reclamation Act of 1981, Ala.Code §§ 9-16-70, et seq. (Cum.Supp. 1982). Jurisdiction is vested in this...
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