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NATIONAL WILDLIFE FEDERATION v. LUJAN

Nos. 90-5352, 90-5354, 90-5356 and 90-5358.

950 F.2d 765 (1991)

NATIONAL WILDLIFE FEDERATION, et al., Appellees, v. Manuel LUJAN, Jr., Secretary, Department of the Interior, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 1991.

As Amended December 10, 1991.

Attorney(s) appearing for the Case

Dirk D. Snel, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Alfred T. Ghiorzi, Edward J. Shawaker, and Jacques B. Gelin, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants Secretary of the Interior, et al., in 90-5352, 90-5356 and 90-5358.

J. Michael Klise, with whom John A. Macleod, Thomas C. Means and Harold P. Quinn, Jr., Washington, D.C., for Nat. Coal Ass'n, and Edward M. Green and Stuart A. Sanderson, Washington, D.C., for American Min. Congress, were on the brief, for appellants Nat. Coal Ass'n and American Min. Congress in 90-5354.

L. Thomas Galloway, with whom Glenn P. Sugameli and Thomas J. FitzGerald, Washington, D.C., were on the brief, for appellees in 90-5352, 90-5354, 90-5356 and 90-5358.

Lawrence G. McBride, Washington, D.C., was on the brief, for amicus curiae Interstate Min. Compact Com'n urging that the District Court's order be reversed and the Secretary's rule be reinstated.

Before WALD, D.H. GINSBURG and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Surface coal mining is a temporary use of the land. When mining ends the land must be restored. After revegetation is complete, and sufficient time has passed to ensure its success — 5 years in the east, 10 years in the arid west — a mine operator who has fulfilled all legal requirements is entitled to have his performance bond released. The principal question in...

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