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SAVE OUR CUMBERLAND MOUNTAINS, INC. v. LUJAN

No. 90-5374.

963 F.2d 1541 (1992)

SAVE OUR CUMBERLAND MOUNTAINS, INC., et al., Plaintiffs-Appellees, v. Manuel LUJAN, Secretary of the Interior, et al., Defendants-Appellees, and National Coal Association and American Mining Congress, Intervenors-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1992.

Rehearing Denied August 18, 1992.

Attorney(s) appearing for the Case

Thomas C. Means, with whom John A. MacLeod and J. Michael Klise for Nat. Coal Ass'n, and Edward M. Green and Stuart A. Sanderson, Washington, D.C., for American Min. Congress were on the joint brief, for appellants.

John T. Stahr, Attorney, Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Robert L. Klarquist, and Alfred T. Ghiorzi, Attorneys, Dept. of Justice, Washington, D.C., were on the brief, for Federal appellees.

L. Thomas Galloway, with whom Judith A. Mather and Robin H. Sangston, Washington, D.C., were on the brief, for appellees, Save Our Cumberland Mountains, Inc., et al.

Before RUTH BADER GINSBURG, BUCKLEY and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns the proper forum for "citizen suits" under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), 30 U.S.C. §§ 1201 et seq. Section 520 of the Act authorizes "any person having an interest which is or may be adversely affected" to commence a civil action to compel compliance with the Act or "any rule...

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