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NATIONAL MIN. ASS'N v. BABBITT

No. 98-5320.

172 F.3d 906 (1999)

NATIONAL MINING ASSOCIATION, Appellant, v. Bruce BABBITT, Secretary, United States Department of Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1999.

Attorney(s) appearing for the Case

Thomas C. Means argued the cause for appellant. With him on the briefs were J. Michael Klise and Harold P. Quinn, Jr. John A. MacLeod entered an appearance.

Robert H. Oakley, Attorney, United States Department of Justice, argued the cause for the federal appellees. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and Robert L. Klarquist, Attorney.

Glenn P. Sugameli argued the cause for appellees National Wildlife Federation, et al. With him on the brief was Thomas J. FitzGerald for appellee Kentucky Resources Council, Inc.

Before: SILBERMAN, GINSBURG, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

National Mining Association challenges four regulations promulgated by the Secretary of the Interior (Office of Surface Mining Reclamation and Enforcement) as part of a package of regulations governing damage to land, structures, and certain water supplies caused by mining subsidence. The district court rejected appellant's claims. We, however, agree with appellant that two of...

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