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WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

No. 02-2375.

343 F.3d 239 (2003)

WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED; National Wildlife Federation, Plaintiffs-Appellees, v. Gale A. NORTON, Secretary of the Interior, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 3, 2003.

Attorney(s) appearing for the Case

ARGUED: Katherine W. Hazard, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellant. Walton Davis Morris, Jr., Morris Law Office, P.C., Charlottesville, Virginia, for Appellees. ON BRIEF: Thomas L. Sansonetti, Assistant Attorney General, Todd S. Kim, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Rodney Vieira, Wayne A. Babcock, Office of the Solicitor, Department of the Interior, Washington, D.C., for Appellant. Charles M. Kincaid, Huntington, West Virginia, for Appellees.

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.

OPINION

MICHAEL, Circuit Judge:

This appeal takes origin in a citizen complaint filed by the West Virginia Highlands Conservancy, Inc. and the National Wildlife Federation (collectively, "WVHC") with the Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM...

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