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TUG VALLEY RECOVERY CENTER v. WATT

No. 82-1194.

703 F.2d 796 (1983)

TUG VALLEY RECOVERY CENTER, Appellant, v. James WATT, Secretary of the Interior; David C. Callaghan, Director of the West Virginia Department of Natural Resources; Willis Hertig, Deputy Director of the West Virginia Department of Natural Resources; James Pitsenbarger, Chief of Division of Reclamation, Department of Natural Resources; David W. Robinson, Chief of Water Resources, Department of Natural Resources; Walter Miller, Director, West Virginia Department of Mines, in their official capacities as listed and as Members of the West Virginia Reclamation Commission; West Virginia Reclamation Board of Review, Paul Nay, O.O. Neely, Jr., Morgan Lyons, Dr. Henry Rauch, and John W. Straton, in their official capacity as members of the Reclamation Board of Review, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1983.

Attorney(s) appearing for the Case

John McFerrin (Tobias J. Hirshman, Charleston, W.Va., Appalachian Research and Defense Fund, Inc., on brief), for appellant.

Marye L. Wright, Asst. U.S. Atty., Charleston, W. Va., Leonard Knee, Asst. Atty. Gen., State of W. Va., Charleston, W. Va. (David A. Faber, U.S. Atty., Charleston, W. Va., on brief), for appellees.

Before RUSSELL, HALL and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

Tug Valley Recovery Center ("Tug Valley"), a West Virginia environmental organization, brings this appeal claiming the Secretary of the United States Department of the Interior ("the Secretary") violated the Surface Mining Control and Reclamation Act of 1977 and the due process clause of the fifth amendment. Specifically, Tug Valley contends the Secretary breached his statutory and constitutional duties by approving a state environmental regulatory...

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