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ILLINOIS SOUTH PROJECT, INC. v. HODEL

No. 87-2366.

844 F.2d 1286 (1988)

ILLINOIS SOUTH PROJECT, INC., et al., Plaintiffs-Appellants, v. Donald P. HODEL, Secretary of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 1988.

Attorney(s) appearing for the Case

Bradley B. O'Brien, Martin, Craig, Chester & Sonnenschein, Chicago, Ill., for plaintiffs-appellants.

Robert E. Wagner, Sp. Asst. Atty. Gen., Pfeifer & Kelty, Springfield, Ill., Martin W. Matzen, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before POSNER, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328, establishes rules for the strip mining of coal. See Hodel v. Virginia Surface Mining & Reclamation Ass'n, 452 U.S. 264, 101 S.Ct. 2352, 69 L.Ed.2d 1 (1981). A state may regulate in the federal government's stead if it uses criteria "in accordance with" the Act and "consistent with" the federal implementing...

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