OPINION AND ORDER
HOLSCHUH, Chief Judge.
Plaintiff United States of America brings this action under 30 U.S.C. § 1268(b) to recover civil penalties assessed against defendants for violations of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201, et seq. This matter is before the Court on plaintiff's motion for summary judgment against defendant Metro Energy Corporation.
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