Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
The State of Montana appeals a District Court order upholding an Interior Department regulation, 30 C.F.R. § 872.11(b)(3) (1983), against a challenge that it is inconsistent with the organic statute, the Surface Mining Control and Reclamation Act, 30 U.S.C. § 1201 et seq. (1982). The Crow Tribe of Indians...
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