POWDER RIVER BASIN RESOURCE COUNCIL v. BABBITT

No. 93-8117.

54 F.3d 1477 (1995)

POWDER RIVER BASIN RESOURCE COUNCIL, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the United States Department of the Interior; Robert Uram, Director of the Office of Surface Mining, United States Department of the Interior; Dennis Hemmer, Director of the Wyoming Department of Environmental Quality, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 18, 1995.


Attorney(s) appearing for the Case

Mark S. Squillace, Laramie, WY (Jon B. Huss, Casper, WY, with him on the briefs), for appellant.

Mary B. Guthrie, Deputy Atty. Gen. (Joseph B. Meyer, Atty. Gen., with her on the briefs), Office of the Atty. Gen., State of Wyo., Cheyenne, WY, for appellee Dennis Hemmer.

Jeffrey P. Kehne, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC (Lois J. Schiffer, Acting Asst. Atty. Gen., Brian L. Ferrell, and Robert L. Klarquist, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, and Richard McNeer, Office of the Sol., U.S. Dept. of the Interior, Washington, DC, with him on the briefs), for appellee Bruce Babbitt.

Before TACHA and McKAY, Circuit Judges, and HANSEN, District Judge.


TACHA, Circuit Judge.

Plaintiff Powder River Basin Resource Council (PRBRC) filed suit under the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. § 1270(a)(2), the federal Declaratory Judgment Act, 28 U.S.C. § 2201, and the act allowing citizens to compel federal governmental performance, 28 U.S.C. § 1361. Plaintiff alleged that the attorney's fees provision of Wyoming's surface mining regulatory scheme violated...

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