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MERIDIAN LAND AND MINERAL CO. v. HODEL

Nos. 85-4385, 85-4405.

843 F.2d 340 (1988)

MERIDIAN LAND AND MINERAL COMPANY, and Burlington Northern Railroad Company, Plaintiffs-Appellees, v. Donald Paul HODEL, James R. Harris, and U.S. Department of the Interior, Defendants-Appellants. Theodore FLETCHER, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1988.

Attorney(s) appearing for the Case

Jacques B. Gelin, Land and Natural Resources Div., Washington, D.C., for defendants-appellants.

William A. Gould, Perkins Coie, Seattle, Wash., for plaintiff-appellee Meridian.

Michael G. Moses, Billings, Mont., for plaintiff-appellee Fletcher.

Before BROWNING, Chief Judge, and WRIGHT and BOOCHEVER, Circuit Judges.

JAMES R. BROWNING, Chief Judge:

Meridian Land and Mineral Company and Burlington Northern Railroad Company ("Meridian") and Theodore Fletcher own coal underlying surface lands in Custer National Forest (Custer) which they allege can only be recovered by use of surface mining methods. They sought a declaratory judgment that the "Custer Proviso" in section 522(e)(2)(B) of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq....

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