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WEST VIRGINIA HIGHLANDS CONSERVANCY v. BABBITT

Nos. 97-2559, 97-2603.

161 F.3d 797 (1998)

WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED, a corporation, Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the Interior; LaRosa Fuel Company, Incorporated, Defendants-Appellees. WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED, a corporation, Plaintiff-Appellee, v. LAROSA FUEL COMPANY, INCORPORATED, Defendant-Appellant, and Bruce Babbitt, Secretary of the Interior, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 7, 1998.

Attorney(s) appearing for the Case

ARGUED: Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellant. Lisa Elizabeth Jones, United States Department of Justice, Washington, D.C., for Appellee Babbitt; Dean K. Hunt, Buchanan Ingersoll Professional Corporation, Lexington, Kentucky, for Appellee Larosa Fuel. ON BRIEF: Robert F. Cohen, Jr., Cohen, Abate & Cohen, Fairmont, West Virginia, for Appellant. Lois J. Schiffer, Assistant Attorney General, Robert L. Klarquist, United States Department of Justice, Washington, D.C.; William D. Wilmoth, United States Attorney, Patrick M. Flatley, Assistant United States Attorney, Wheeling, West Virginia; Wayne A. Babcock, Special Assistant United States Attorney, Pittsburgh, Pennsylvania; Glenda Owens, Thomas A. Bovard, Office of the Solicitor, United States Department of the Interior, Washington, D.C., for Appellee Babbitt.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Vacated and remanded for dismissal by published opinion. Senior Judge MAGILL wrote the opinion, in which Chief Judge WILKINSON and Judge WIDENER concurred.

OPINION

MAGILL, Senior Circuit Judge:

Eight years after ceasing mining operations at Kittle Flats and receiving a final bond release from the State of West Virginia, LaRosa Fuel Company (LaRosa) received a Cessation Order from the Office of Surface Mining Reclamation and Enforcement (OSM), requiring...

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