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CLINCHFIELD COAL CO. v. DOI

No. 85-2206.

802 F.2d 102 (1986)

CLINCHFIELD COAL COMPANY, Appellee, v. DOI, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1986.

Attorney(s) appearing for the Case

Elizabeth S. Tonkin, Sp. Asst. U.S. Atty. (John Perry Alderman, U.S. Atty., F. Henry Habicht, II, Asst. Atty. Gen., Martin W. Matzen, Anne S. Almy & Kathleen P. Dewey, U.S. Dept. of Justice on brief), for appellant.

John R. Woodrum (Ronald E. Meisburg, Smith, Heenan & Althen, Elsey A. Harris, III, Mullins, Keuling-Stout, Thomason & Harris, Fletcher A. Cooke, Asst. Gen. Counsel Clinchfield Coal Co. on brief), for appellee.

Before SPROUSE and CHAPMAN, Circuit Judges and HAYNSWORTH, Senior Circuit Judge.

PER CURIAM:

The district court enjoined the Secretary of Interior from enforcing a notice of violation issued pursuant to the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. § 1201 et seq., pending the completion of administrative remedies. In granting the injunction under 30 U.S.C. § 1276(c), the district court found that there was a substantial likelihood that Clinchfield Coal Company would prevail on the merits because the...

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