KEYSTONE BITUMINOUS COAL ASSN. v. DUNCAN

No. 84-3406.

771 F.2d 707 (1985)

KEYSTONE BITUMINOUS COAL ASSN., a Pennsylvania unincorporated association of bituminous coal producers, individually and as represented by certain of its member companies; Helvetia Coal Company, a Pennsylvania corporation; Rochester & Pittsburgh Coal Company, a Pennsylvania corporation; U.S. Steel Mining Co., Inc., a Delaware corporation, individually and as a trustee ad litem for Keystone Bituminous Coal Assn.; United States Steel Corporation, a Delaware corporation; and Consolidation Coal Company, a Delaware corporation, Appellants, v. Peter S. DUNCAN, indiv. and in his capacity as Secretary of the Commonwealth of Penna. Dept. of Environmental Resources, Philip Zullo, indiv. and in his capacity as Chief, Div. of Mine Subsidence of the Bureau of Mining and Reclamation of the Comm. of Penna., Dept. of Environmental Resources, and Thomas B. Alexander, indiv. and in his capacity as Chief, Section of Mine Subsidence Regulation of the Div. of Mine Subsidence of the Bureau of Mining and Reclamation of the Comm. of Penna., Dept. of Environmental Resources.

United States Court of Appeals, Third Circuit.

Decided August 26, 1985.


Attorney(s) appearing for the Case

Henry McC. Ingram, Thomas C. Reed, Rose, Schmidt, Dixon & Hasley, Pittsburgh, Pa., for appellants.

LeRoy S. Zimmerman, Atty. Gen., Andrew S. Gordon, Sr. Deputy Atty. Gen. (argued), Marc Roda, Asst. Counsel Environmental Resources, Allen C. Warshaw, Sr. Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellees.

Before ADAMS, WEIS and WISDOM, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Various owners and operators of bituminous coal mines brought suit pursuant to 42 U.S.C. § 1983 (1982) challenging the constitutionality of state statutes and regulations governing the mining of coal in Pennsylvania. The district court granted summary judgment for defendants, holding that the state program violated neither the takings clause nor the contract clause of the Constitution, and was not an invalid...

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