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CITIZENS COAL COUNCIL v. NORTON

Nos. 02-5136, 02-5137, 02-5190, 02-5232, 02-5244, 02-5245.

330 F.3d 478 (2003)

CITIZENS COAL COUNCIL, et al., Appellees/Cross-Appellants, v. Gale A. NORTON, Secretary of the Interior, and National Mining Association, Appellant/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2003.

Attorney(s) appearing for the Case

Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for federal appellant/cross-appellee Secretary of the Interior. With her on the briefs were William B. Lazarus and Robert H. Oakley, Attorneys.

Thomas C. Means argued the cause for appellant/cross-appellee National Mining Association. With him on the briefs were J. Michael Klise, Kirsten L. Nathanson, and Harold P. Quinn, Jr.

Walton D. Morris, Jr., argued the cause for appellees/cross-appellants. With him on the briefs were Paul W. Edmondson, Elizabeth S. Merritt, Howard I. Fox, and Glenn P. Sugameli.

Gregory E. Conrad and Christopher B. Power were on the brief for amicus curiae Interstate Mining Compact Commission in support of the Secretary of the Interior and the National Mining Association. Henry M. Ingram entered an appearance.

Before: SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is an appeal by the Secretary of the Interior and intervenor National Mining Association ("NMA") from a judgment of the District Court. The District Court held that the Secretary's interpretation of the Surface Mining Control and Reclamation Act's ("SMCRA") section 701(28), 30 U.S.C. § 1291(28) (2000), to exclude subsidence from the definition of "surface coal mining...

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