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PENNSYLVANIA COAL ASS'N v. BABBITT

Nos. 94-7538, 94-7558.

63 F.3d 231 (1995)

PENNSYLVANIA COAL ASSOCIATION, an unincorporated association v. Bruce BABBITT, Secretary of the Interior of the United States Department of Interior; Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior, Appellants, Pennsylvania Department of Environmental Resources (DER), Intervenor in D.C. PENNSYLVANIA COAL ASSOCIATION, an unincorporated association v. Bruce BABBITT, Secretary of the Interior of the United States Department of Interior; Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior Pennsylvania Department of Environmental Resources (DER), Intervenor in D.C. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 16, 1995.

Attorney(s) appearing for the Case

Robert R. Long, Jr., Office of U.S. Atty., Harrisburg, PA, Steven C. Barcley, U.S. Dept. of Interior, Office of the Sol., Pittsburgh, PA, Ellen J. Durkee, Tamara N. Rountree (argued), U.S. Dept. of Justice, Environmental & Natural Resources, Washington, DC, for appellants Secretary of the Interior of the U.S. and Director of the Office of Surface Mining Reclamation and Enforcement.

Joseph G. Pizarchik, Dennis Whitaker (argued), Office of Atty. Gen. of Pa. Dept. of Environmental Resources, Harrisburg, PA, for appellant Dept. of Environmental Resources.

Stephen C. Braverman (argued), Buchanan Ingersoll, Philadelphia, PA, for appellee Pa. Coal Ass'n.

Before SLOVITER, Chief Judge, ALITO, Circuit Judge, and SCHWARZER, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

The Secretary of the Interior of the United States ("Secretary"), the Director of the Office of Surface Mining Reclamation and Enforcement ("Director"), and the Pennsylvania Department of Environmental Resources ("DER") appeal from the district court's grant of summary judgment in favor of the Pennsylvania Coal Association ("PCA") on its challenge to the Secretary's approval of certain amendments to Pennsylvania...

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