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U.S.A. v. BROOK CONTRACTING CORP.

No. 84-5607.

759 F.2d 320 (1985)

U.S.A. v. BROOK CONTRACTING CORP. (D.C. Civil No. 82-1362) UNITED STATES of America v. TRI-COUNTY LAND AND COAL COMPANY. (D.C. Civil No. 83-0171) Appeal of BROOK CONTRACTING CORPORATION and Tri-County Land and Coal Company.

United States Court of Appeals, Third Circuit.

Decided April 18, 1985.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

Leon H. Kline (Argued), Sharon T. Walsh, Philadelphia, Pa., for appellants.

David Dart Queen, U.S. Atty., James J. West, First Asst. U.S. Atty., Harrisburg, Pa., Stuart A. Sanderson, Office of the Sol., Beverly Perry (Argued), U.S. Dept. of the Interior, Washington, D.C., for appellee.

Before ALDISERT, Chief Judge, SLOVITER, Circuit Judge, and MANSMANN, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

In this appeal by two coal producing companies from summary judgment in favor of the government, we must decide what is meant by the expression "coal produced by surface mining" under the Surface Mining Control and Reclamation Act (SMCRA or the Act), 30 U.S.C. §§ 1201-1328. This is not mere semantic exercise, because upon our decision depends the extent of tonnage upon which a reclamation fee of 35 cents...

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