SAVE OUR CUMBERLAND MOUNTAINS, INC. v. CLARK

No. 83-1224.

725 F.2d 1434 (1984)

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

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

Roger Marzulla, Atty., U.S. Dept. of Justice, Washington, D.C., for appellants. 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 appellants.

Brent N. Rushforth, Washington, D.C., with whom L. Thomas Galloway and Nancy C. Crisman, 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:

This is an appeal from a district court order compelling the Secretary of the Interior (the Secretary) and the Director of the Office of Surface Mining (the Director) to enforce the Surface Mining Control and Reclamation Act of 1977 (the Act), 30 U.S.C. §§ 1201-1328 (Supp. V 1981). Because we find...

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