PENNSYLVANIA FEDERATION SPORTSMEN'S CLUBS v. HESS

Nos. 00-2139, 01-1683.

297 F.3d 310 (2002)

PENNSYLVANIA FEDERATION OF SPORTSMEN'S CLUBS, INC.; Pennsylvania Chapter Sierra Club; Pennsylvania Trout, Inc.; Tri-State Citizens Mining Network; Mountain Watershed Association, Inc., Appellants, v. *David E. HESS, Individually and as Secretary, Pennsylvania Department of Environmental Protection; *Gale A. Norton, Secretary, United States Department of the Interior; *Jeffrey D. Jarrett, Director, Office of Surface Mining Reclamation and Enforcement. Pennsylvania Coal Association; Pennsylvania Anthracite Council; ARIPPA, Intervenors in D.C. *David E. Hess, Appellant. *Pursuant to F.R.A.P. 43(c).

United States Court of Appeals, Third Circuit.

Filed July 24, 2002.


Attorney(s) appearing for the Case

Dennis Whitaker, (argued), Department of Environmental Protection, Harrisburg, PA, for appellant.

Kurt J. Weist, (argued), PennFuture, Harrisburg, PA, for Pennsylvania Federation, et al.

John T. Stahr, (argued), United States Department of Justice Environment & Natural Resources Division, Washington, D.C., for Secretary of Interior, etc., et al.

BEFORE: McKEE, BARRY, and ALARCON, Circuit Judges.


BARRY, Circuit Judge.

The central question we must answer, a question heretofore answered by only one other court of appeals, is whether the Eleventh Amendment bars suit in federal court against a state official where what is at issue is that official's purported failure to implement, administer, enforce, and maintain a federally approved state coal mining program. We find that it does and, thus, will affirm in part and reverse in part the orders of the District Court...

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