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NATIONAL WILDLIFE FEDERATION v. LUJAN

Nos. 90-5114, 90-5118.

928 F.2d 453 (1991)

NATIONAL WILDLIFE FEDERATION, et al., Appellees, v. Manuel LUJAN, Jr., et al., National Coal Association and American Mining Congress, Appellants. (Two Cases)

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1991.

Attorney(s) appearing for the Case

L. Thomas Galloway, with whom Glenn P. Sugameli, Washington, D.C., for National Wildlife Federation, and Thomas J. Fitzgerald, Frankfort, Ky., for Kentucky Resources Council, Inc., were on the joint brief for appellees in both cases.

John A. Macleod, with whom Thomas C. Means, Harold P. Quinn, Jr., Edward M. Green and Stuart A. Sanderson, Washington, D.C., were on the joint brief for appellants National Coal Ass'n and American Mining Congress in both cases. J. Michael Klise, Washington, D.C. also entered an appearance for appellants.

Before WALD, BUCKLEY and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

Concurring opinion filed by Circuit Judge WALD.

WALD, Circuit Judge:

The National Wildlife Federation and other environmental groups (hereinafter "NWF") brought suit challenging regulations promulgated by the Secretary of the Interior ("Secretary") under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "Act"), 30 U.S.C. § 1201 et seq. The National Coal Association and...

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