NATIONAL MIN. ASS'N v. U.S. DEPT. OF THE INTERIOR

Nos. 95-5434 to 95-5436.

105 F.3d 691 (1997)

NATIONAL MINING ASSOCIATION, Appellant v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1997.

As Amended January 31, 1997.


Attorney(s) appearing for the Case

J. Michael Klise, Washington, DC, argued the cause for appellant, with whom John A. Macleod, Thomas C. Means, and Harold P. Quinn, Jr., were on the briefs.

Jonathan F. Klein, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for appellees, with whom Lois J. Schiffer, Assistant Attorney General, and Jacques B. Gelin, Attorney, were on the brief. Richard M. Hall, Attorney, U.S. Department of Justice, entered an appearance.

Glenn P. Sugameli, Washington, DC, was on the brief for appellee National Wildlife Federation.

Before: EDWARDS, Chief Judge, HENDERSON and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Under the Surface Mining Control and Reclamation Act ("SMCRA"), a coal mining operation must obtain a permit before commencing surface mining. Appellant National Mining Association challenges three sets of regulations promulgated by the Department of Interior's Office of Surface Mining Reclamation and Enforcement ("OSM") under SMCRA: the "ownership and control" rule, the "permit...

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