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SAVE OUR CUMBERLAND MOUNTAINS v. KEMPTHORNE

No. 05-5663.

453 F.3d 334 (2006)

SAVE OUR CUMBERLAND MOUNTAINS, Appalachian Voices, The Sierra Club and Southern Appalachian Biodiversity Project, Plaintiffs-Appellants, v. Dirk KEMPTHORNE, Secretary of the United States Department of the Interior, in his official capacity; Jeffrey Jarrett, Director of the United States Office of Surface Mining Reclamation and Enforcement, in his official capacity; and Tim Dieringer, Director of the Knoxville Field Office of Surface Mining Reclamation and Enforcement, in his official capacity, Defendants-Appellees, National Coal Corporation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2006.

Attorney(s) appearing for the Case

ARGUED: Scott A. Gollwitzer, Appalachian Voices, Asheville, North Carolina, for Appellants. Suzanne H. Bauknight, Assistant United States Attorney, Knoxville, Tennessee, Garry K. Grooms, Stites & Harbison, Nashville, Tennessee, for Appellees. ON BRIEF: Scott A. Gollwitzer, Appalachian Voices, Asheville, North Carolina, Stephen A. Sanders, Appalachian Citizens Law Center, Prestonsburg, Kentucky, Mary M. Mastin, Paddock & Mastin, Cookeville, Tennessee, for Appellants. Suzanne H. Bauknight, Pamela Steele, Assistant United States Attorneys, Knoxville, Tennessee, Garry K. Grooms, Stites & Harbison, Nashville, Tennessee, Charles P. Gault, United States Department of Interior, Knoxville, Tennessee, for Appellees.

Before: SUTTON and GRIFFIN, Circuit Judges; OBERDORFER, District Judge.

OPINION

SUTTON, Circuit Judge.

Four environmental groups filed this action contending that the Office of Surface Mining and Reclamation, an office of the Department of the Interior, abused its discretion (1) in conducting an environmental assessment of an application by the National Coal Corporation to mine roughly 1,100 acres in the Cumberland River watershed of northeastern Tennessee and (2) in issuing a finding of no significant environmental impact with...

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