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CUMBERLAND RECLAMATION v. SEC'Y, DEPT. OF INTERIOR

No. 90-5189.

925 F.2d 164 (1991)

CUMBERLAND RECLAMATION COMPANY, Plaintiff-Appellant, v. SECRETARY, UNITED STATES DEPARTMENT OF the INTERIOR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1991.

Attorney(s) appearing for the Case

W. Patrick Hauser (argued), Barbourville, Ky., for plaintiff-appellant.

Bruce T. Hill, U.S. Dept. of Interior, Office of the Field Sol., Knoxville, Tenn., Robert L. Klarquist, Evelyn S. Ying (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee.

Before JONES, Circuit Judge, and ENGEL and WELLFORD, Senior Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

The purpose of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) is to reclaim and restore areas which have been harmed by coal mining. 30 U.S.C. § 1231(c)(1) (1988). This goal is accomplished by requiring coal mining operators to pay reclamation fees of 35 cents for every ton of coal produced by "surface coal mining" to the Secretary of the Interior. 30 U.S.C. § 1232(a) (1988). In this case, we must decide...

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