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APPOLO FUELS, INC. v. BABBITT

No. 00-5376.

270 F.3d 333 (2001)

APPOLO FUELS, INC., Plaintiff-Appellant, v. Bruce BABBITT, Secretary of the United States Department of Interior; Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2001.

Attorney(s) appearing for the Case

ARGUED: James R. Golden, DENHAM, GOLDEN & NAGLE, Middlesboro, Kentucky, for Appellant.

Andrew C. Mergen, UNITED STATES DEPARTMENT OF JUSTICE, LAND & NATURAL RESOURCES DIVISION, Washington, D.C., for Appellees.

ON BRIEF: James R. Golden, DENHAM, GOLDEN & NAGLE, Middlesboro, Kentucky, for Appellant.

Andrew C. Mergen, UNITED STATES DEPARTMENT OF JUSTICE, LAND & NATURAL RESOURCES DIVISION, Washington, D.C., for Appellees.

Before: DAUGHTREY and GILMAN, Circuit Judges; WEBER, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The plaintiff, Appolo Fuels, Inc., appeals the district court's judgment upholding the decision of the Interior Board of Land Appeals that Appolo violated federal regulations requiring the elimination of "highwalls" (described in the record as "cliff-like" rock walls) at its surface coal-mining site in Kentucky. Appolo maintains that it had initially backfilled the...

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