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KESCOLI v. BABBITT

No. 94-17125.

101 F.3d 1304 (1996)

Maxine KESCOLI, Plaintiff-Appellant, v. Bruce BABBITT, The Office of Surface Mining Reclamation and Enforcement, and The Office of Hearings and Appeals, Defendants-Appellees, and Peabody Western Coal Company, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred June 14, 1996.

Resubmitted October 28, 1996.

Decided November 22, 1996.

Attorney(s) appearing for the Case

Timothy A. Heydinger, DNA People's Legal Services, Inc., Chinle, AZ, and Timothy N. Black, Wilmer, Cutler & Pickering, Washington, DC, for plaintiff-appellant.

David C. Shilton, United States Department of Justice, Washington, DC, for defendants-appellees.

James R. Bird, Shea & Gardner, Washington, DC, for intervenor-appellee, Peabody Western Coal Company.

Before: THOMPSON, KLEINFELD and TASHIMA, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Peabody Western Coal Company (Peabody) conducts coal mining operations at the Kayenta/Black Mesa mining complex pursuant to lease agreements entered into with the Navajo Nation and the Hopi Tribe. The United States Department of the Interior Office of Surface Mining (OSM) issued a permit to Peabody, which contained eighteen special conditions, governing Peabody's mining activities under...

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