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U.S. v. SHELTON COAL CORP.

No. 86-2606.

829 F.2d 1336 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. SHELTON COAL CORPORATION, Defendant-Appellee, Mining and Reclamation Council of America; National Coal Association; American Mining Congress; Virginia Coal Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Maria Arevalo Iizuka, Dept. of Justice, Land and Natural Resources Div. (Robert L. Klarquist, Dept. of Justice, Land and Natural Resources Div., F. Henry Habicht, II, Asst. Atty. Gen., John P. Alderman, U.S. Atty., Thomas R. King, Asst. U.S. Atty., Glenda Owens, David W. McNabb, U.S. Dept. of Interior, on brief), for plaintiff-appellant.

Daniel Robert Bieger (Copeland, Molinary & Bieger, on brief), for defendant-appellee.

John A. Macleod, Thomas C. Means, Peter K. Levine, Crowell & Moring, on brief, for amicus curiae Virginia Coal Ass'n.

Harold P. Quinn, Jr., William E. Hyman, Gregory E. Conrad, on brief, for amici curiae in support of appellee.

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

HAYNSWORTH, Senior Circuit Judge:

The question is whether regulations adopted in 1982 by the Secretary of Interior may be applied retroactively to nullify a small mine exemption that had been granted by the Commonwealth of Virginia to Shelton Coal for a deep mining operation conducted in the last half of 1980 and the first quarter of 1981. The district court held that it could not be, and the United States has appealed. We affirm.

I.

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