COAL CORPORATION OPERATING COMPANY OF AMERICA, a Delaware corporation; and Garland Coal and Mining Company, an Arkansas corporation, Plaintiffs-Appellants,
v.
Donald HODEL, Secretary of the Department of Interior of the United States; and Jed Christensen, Acting Director for the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 6, 1989.
June 6, 1989.
Attorney(s) appearing for the Case
Donald K. Switzer (Thomas J. McGeady, of Logan, Lowry, Johnston, Switzer, West & McGeady, Vinita, Okl., with him on the brief), of Logan, Lowry, Johnston, Switzer, West & McGeady, Vinita, Okl., for plaintiffs-appellants.
Myles E. Flint (Dirk D. Snel, Alfred T. Ghiorzi, and Elizabeth Ann Peterson, Attys., Dept. of Justice, Land & Natural Resources Div., Washington, D.C., with him on the brief), Deputy Asst. Atty. Gen., for defendants-appellees.
Before McWILLIAMS, TACHA, and EBEL Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
This is an appeal from an order of the district court, 669 F.Supp. 362 (1987), dismissing the case for lack of subject matter jurisdiction.1 On April 12, 1984, after notice and hearings as prescribed by statute, the Secretary of the Interior published a finding that the Oklahoma program for regulating surface coal mining and reclamation was not being adequately enforced by the...
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