SOUTHERN OHIO COAL, CO. v. OFFICE OF SURFACE MIN.

No. 93-3878.

20 F.3d 1418 (1994)

SOUTHERN OHIO COAL COMPANY, Plaintiff-Appellee, v. OFFICE OF SURFACE MINING, RECLAMATION AND ENFORCEMENT, DEPARTMENT OF the INTERIOR; United States Environmental Protection Agency; Richard Seibel, Field Office Director, OSM; W. Hord Tipton, Acting Director, OSM; Carol Browner, EPA Administrator; and Valdas V. Adamkus, EPA Administrator, Region V, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 8, 1994.

Rehearing and Suggestion for Rehearing Denied May 31, 1994.


Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., Charles H. Cooper, Jr., Christopher C. Russell, Alvin James McKenna, Donald Michael Miller (argued and briefed), Mark S. Stemm, Janet J. Henry, Porter, Wright, Morris & Arthur, Columbus, OH, for Southern Ohio Coal Co.

James E. Rattan, Asst. U.S. Atty., Office of the U.S. Atty., Columbus, OH, Joshua M. Levin, Myles E. Flint, Environmental Defense Section, Washington, DC, for Department of Interior, Office of Surface Min., Reclamation and Enforcement, Richard Seibel, W. Hord Tipton, Carol Browner, Valdas V. Adamkus.

James E. Rattan, Asst. U.S. Atty., Office of the U.S. Atty., Columbus, OH, Joshua M. Levin, Myles E. Flint, Environmental Defense Section, Washington, DC, Anne S. Almy, Edward A. Boling (argued and briefed), U.S. Dept. of Justice, Washington, DC, for U.S. E.P.A.

Thomas M. Myers (briefed), Shadyside, OH, for District Six and Local Unions 1857 and 1886 of United Mine Workers of America, amicus curiae.

Before: KENNEDY and GUY, Circuit Judges; and CONTIE, Senior Circuit Judge.


Rehearing and Suggestion for Rehearing En Banc Denied May 31, 1994.

KENNEDY, Circuit Judge.

In this appeal, we address two similar issues involving the jurisdiction of the District Court over the United States Environmental Protection Agency ("USEPA") and the Office of Surface Mining, Reclamation and Enforcement of the Department of the Interior ("OSM").1 Both agencies took or threatened to take enforcement actions related to the...

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