NATIONAL WILDLIFE FEDERATION v. BABBITT

Civ. No. 91-2275 (TAF).

835 F.Supp. 654 (1993)

NATIONAL WILDLIFE FEDERATION, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, et al., Defendants.

United States District Court, District of Columbia.

September 21, 1993.


Attorney(s) appearing for the Case

Glenn P. Sugameli, National Wildlife Federation, Washington, DC, for National Wildlife Federation.

L. Thomas Galloway, Galloway & Associates, Howard I. Fox, Sierra Club Legal Defense Fund, Washington, DC, for petitioners.

Thomas J. FitzGerald, Kentucky Resources Council, Frankfurt, KY, for Kentucky Resources Council.

David A. Doheny, Elizabeth S. Merritt, Andrea C. Ferster, National Trust for Historic Preservation, Washington, DC, for National Trust for Historic Preservation.

Alfred T. Ghiorzi, U.S. Dept. of Justice, Environment and Natural Resources Div., (Glenda H. Owens, Thomas A. Bovard, Joan R. Goldfarb, Div. of Surface Min., Office of the Solicitor, U.S. Dept. of the Interior, of counsel), Washington, DC, for Federal respondents.

Gregory E. Conrad, Interstate Min. Compact Com'n, Herndon, VA, for Interstate Mining Compact Com'n.

John A. Macleod, Thomas C. Means, J. Michael Klise, Crowell & Moring, (Edward M. Green, Stuart A. Sanderson, American Min. Congress, William E. Hynan, Harold P. Quinn, Jr., National Coal Association, of counsel), Washington, DC, for National Coal Ass'n and American Min. Congress, et al.


MEMORANDUM OPINION

FLANNERY, District Judge.

In this matter, the Court is once again called upon to decide challenges to regulations implementing the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"), 30 U.S.C. §§ 1201 et seq. The Act seeks to protect society and the environment from the harmful effects of surface coal mining, sometimes known as "strip mining," as well as damage to surface land caused by underground...

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