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PITTSTON COAL COMPANY v. BABBITT

No. 92-1606.

66 F.3d 714 (1995)

PITTSTON COAL COMPANY; Clinchfield Coal Company, Plaintiffs-Appellants, v. Bruce BABBITT, Secretary, Department of The Interior; Commonwealth of Virginia, Department of Mines, Minerals & Energy, Division of Mine Land Reclamation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1995.

Attorney(s) appearing for the Case

ARGUED: Wade Wallihan Massie, Penn, Stuart, Eskridge & Jones, Abingdon, Virginia, for Appellants. Katherine Leatherman Adams, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Stephen M. Hodges, Penn, Stuart, Eskridge & Jones, Abingdon, Virginia; John R. Woodrum, Smith, Heenan & Althen, Washington, D.C., for Appellants. Vicki A. O'Meara, Acting Assistant Attorney General, Dirk D. Snel, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Charles Gault, United States Department of the Interior, Knoxville, Tennessee; Richard H. McNeer, Office of the Solicitor, United States Department of the Interior, Washington, D.C.; Zane B. Scott, Office of the Attorney General of Virginia, Big Stone Gap, Virginia, for Appellees.

Before RUSSELL, WILKINS, and HAMILTON, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

HAMILTON, Circuit Judge:

Appellants Pittston Company (Pittston) and Clinchfield Coal Company (Clinchfield) brought this action asserting that the proposed denial of their applications for mining permits violated their procedural due process rights. Appellees Bruce Babbitt, Secretary of the Interior, and the Commonwealth of Virginia...

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