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ENERGY & MINERALS DEPT. v. U.S. DEPT. OF INTERIOR

No. 85-6165.

820 F.2d 441 (1987)

NEW MEXICO ex rel. ENERGY AND MINERALS DEPARTMENT, MINING AND MINERALS DIVISION v. U.S. DEPARTMENT OF the INTERIOR, Donald P. Hodel, Secretary of the Interior, and Jed Christianson, Acting Director, Office of Surface Mining Reclamation and Enforcement, Intervening Defendants, Navajo Tribe of Indians, Appellant, National Coal Association American Mining Congress.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1987.

Attorney(s) appearing for the Case

Paul E. Frye, Crownpoint, N.M., with whom M. Frances Ayer, Washington, D.C., was on brief, for appellant.

Martin W. Matzen, Atty., Dept. of Justice, with whom Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., was on brief, for appellee, Dept. of Interior.

A. Raymond Randolph, Sp. Asst. Atty. Gen., for State of New Mexico, with whom Mary Ann Lunderman, Sp. Asst. Atty. Gen., Santa Fe, N.M., for New Mexico Energy and Minerals Dept., was on brief, for appellee, New Mexico Energy and Minerals Dept., Min. and Minerals Div., et al.

Jerome C. Muys, Denver, Colo., was on brief, for amicus curiae, Santa Fe Mining, Inc., urging the affirmance of the District Court's dismissal of the Counterclaim of the Navajo Tribe and the denial of the Navajo Tribe's motion for Preliminary Injunction.

Thomas C. Means, Washington, D.C., entered an appearance for Nat. Coal Ass'n and American Min. Congress.

Before MIKVA and BUCKLEY, Circuit Judges, and PARSONS, Senior District Judge.

Opinion for the court filed by Senior District Judge PARSONS.

Concurring opinion filed by Circuit Judge MIKVA.

PARSONS, Senior District Judge:

The Surface Mining Control and Reclamation Act (Surface Mining Act or Act), 30 U.S.C. sec. 1201 et seq. is a "comprehensive statute designed to `establish a nationwide program to protect society and the environment from the adverse effects of surface mining operations.'" Hodel v. Virginia Surface Mining...

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