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COM. OF VA. EX REL. VA. DEPT. OF CONSERV. v. WATT

Nos. 83-1730, 83-1888 and 83-1889.

741 F.2d 37 (1984)

COMMONWEALTH OF VIRGINIA, ex rel., VIRGINIA DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, Virginia Mining and Reclamation Association, Lambert Coal Company, Inc., R & B Mining Corporation, J & J Coal Company, Inc., Golden Chip Coal Company, Coleman and Yates Coal Co., Inc., Jaward Corporation, Appellees, v. James G. WATT, Secretary, Department of Interior, Appellant, and Department of Interior, Defendant. COMMONWEALTH OF VIRGINIA, ex rel., DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, DIVISION OF MINED LAND RECLAMATION and Virginia Mining and Reclamation Association, Appellees, v. James G. WATT, Secretary, Department of Interior, Appellant, and James Richard Harris, Director, Office of Surface Mining, Ralph H. Cox, Virginia State Director, Office of Surface Mining, Defendants. COMMONWEALTH OF VIRGINIA, ex rel., DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT, DIVISION OF MINED LAND RECLAMATION, Appellant, and Virginia Mining and Reclamation Association, Plaintiff, v. James G. WATT, Secretary, Department of Interior, James Richard Harris, Director, Office of Surface Mining, Ralph H. Cox, Virginia State Director, Office of Surface Mining, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 25, 1984.

Certiorari Granted November 5, 1984.

Attorney(s) appearing for the Case

Walton D. Morris, Jr., Sp. Asst. U.S. Atty., Big Stone Gap, Va. (F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., John P. Alderman, U.S. Atty., Morgan E. Scott, Jr., Asst. U.S. Atty., Roanoke, Va., Robert L. Klarquist, Dept. of Justice, Washington, D.C., on brief), for the Secretary of the Interior.

John L. Kilcullen, Washington, D.C. (Kilcullen, Wilson & Kilcullen Chartered, Washington, D.C., Elsey A. Harris, III, Mullins, Winston, Stout & Thomason, Norton, Va., on brief), for Virginia Mining and Reclamation Association, Jaward Corp., R & B Mining Corporation, J & J Coal Company, Inc., Golden Chip Coal Company, Coleman and Yates Coal Company, Inc., Lambert Coal Company, Inc.

Roger L. Chaffe, Asst. Atty. Gen., Richmond, Va. (Gerald L. Baliles, Atty. Gen. of Va., Richmond, Va., on brief), for The Commonwealth of Virginia.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.

Certiorari Granted November 5, 1984. See 105 S.Ct. 379.

K.K. HALL, Circuit Judge:

The Secretary of the Interior ("Secretary") appeals from preliminary injunctions entered by the district court, prohibiting Interior's Office of Surface Mining ("OSM") from issuing cessation orders at certain surface coal mining and reclamation operations in the Commonwealth of Virginia. The Commonwealth cross-appeals from the district court's denial of its request for preliminary...

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