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SIDNEY COAL CO., INC. v. SOCIAL SEC. ADMIN.

Nos. 04-6286, 04-6291.

427 F.3d 336 (2005)

SIDNEY COAL COMPANY, INC., et al., Plaintiffs-Appellees, v. SOCIAL SECURITY ADMINISTRATION, Defendant-Appellant (04-6286), Michael H. Holland, et al., Intervenors Defendants-Appellants (04-6291).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 19, 2005.

Attorney(s) appearing for the Case

ARGUED: Jonathan H. Levy, United States Department of Justice, Washington, D.C., Howard R. Rubin, Sonnenschein, Nath & Rosenthal, Washington, D.C., for Appellants. John R. Woodrum, Ogletree, Deakins, Nash, Smoak & Stewart, Washington, D.C., for Appellees. ON BRIEF: Jonathan H. Levy, William Kanter, United States Department of Justice, Washington, D.C., Howard R. Rubin, William E. Copley, Jacqueline Sadker, Sonnenschein, Nath & Rosenthal, Washington, D.C., Stephen J. Pollak, John T. Rich, Goodwin Procter LLP, Washington, D.C., for Appellants. John R. Woodrum, Ogletree, Deakins, Nash, Smoak & Stewart, Washington, D.C., H. Kent Hendrickson, Rice & Hendrickson, Harlan, Kentucky, for Appellees.

Before: SILER and DAUGHTREY, Circuit Judges; MARBLEY, District Judge.

OPINION

MARBLEY, District Judge.

In 1992, Congress enacted the Coal Industry Retiree Health Benefit Act, 26 U.S.C. §§ 9701-9722, 30 U.S.C. § 1232(h) (the "Coal Act"), which ensured that retired miners received their promised benefits by assigning each retiree to the coal company most responsible for that retiree's employee benefits. In 1998, the Supreme Court, in Eastern Enterprises v. Apfel, 524 U.S. 498

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