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NATIONAL MINING ASS'N v. U.S. DEPT. OF INTERIOR

Nos. 97-5202 to 97-5204, 98-5248.

177 F.3d 1 (1999)

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

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1999.

Attorney(s) appearing for the Case

Thomas C. Means argued the cause for the appellant. John A. MacLeod, J. Michael Klise and Harold P. Quinn, Jr. were on brief for the appellant

Ellen D. Katz, Attorney, United States Department of Justice, argued the cause for the federal appellees. Lois J. Schiffer, Assistant Attorney General, and Martin W. Matzen, Attorney, United States Department of Justice, were on brief for the appellees. John T. Stahr, Attorney, United States Department of Justice, entered an appearance.

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

Before: WALD, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Section 510(c) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) requires a surface mining permit applicant to file "a schedule listing any and all notices of violations of this chapter and any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental...

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