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NATIONAL MINING ASS'N v. KEMPTHORNE

No. 06-5199.

512 F.3d 702 (2008)

NATIONAL MINING ASSOCIATION, Appellant v. Dirk KEMPTHORNE, Secretary of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 2008.

Attorney(s) appearing for the Case

Kirsten L. Nathanson argued the cause for appellant. With her on the briefs were Harold P. Quinn, Jr. and Thomas C. Means. Joseph M. Klise entered an appearance.

Blair M. Gardner was on the brief for milieus curiae National Council of Coal Lessors, Inc. in support of appellant.

Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief was Robert Oakley, Attorney.

Walton D. Morris, Jr. was on the brief for appellee. Kentucky Resources Council, Inc.

Before: GARLAND and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The Secretary of the Interior has interpreted the phrase "valid existing rights" in the Surface Mining Control and Reclamation Act to foreclose surface mining operations in sensitive areas. The National Mining Association challenges this reading of the statute, but we conclude that we must defer to the Secretary's reasonable interpretation of this ambiguous phrase.

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