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SAVE OUR CUMBERLAND MOUNTAINS, INC. v. CLARK

No. 83-1008.

725 F.2d 1422 (1984)

SAVE OUR CUMBERLAND MOUNTAINS, INC., Council of Southern Mountains, Inc., Virginia Citizens For Better Reclamation, Appellants, v. William P. CLARK, in his official capacity as Secretary of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1984.

Rehearing Denied April 2, 1984.

Rehearing Granted April 2, 1984.

Attorney(s) appearing for the Case

Joseph A. Yablonski, Washington, D.C., with whom Daniel B. Edelman and L. Thomas Galloway, Washington, D.C., were on the brief, for appellants.

Roger Marzulla, Atty., U.S. Dept. of Justice, Washington, D.C., for appellees. Carol E. Dinkins, Asst. Atty. Gen., and Robert L. Klarquist, Alfred T. Ghiorzi, and Jennele M. Morris, Attys., U.S. Dept. of Justice, and Harold P. Quinn, Jr., Atty., U.S. Dept. of Interior, Washington, D.C., were on the brief for appellees.

Before TAMM and WILKEY, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Rehearing En Banc Granted April 2, 1984.*

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Appellants, three environmental citizens organizations (hereinafter referred to collectively as SOCM),1 brought this action alleging that the Secretary of the Interior (the Secretary) and the Director of the Office of Surface Mining (the...

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