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SIERRA CLUB v. JEWELL

No. 12-5383.

764 F.3d 1 (2014)

SIERRA CLUB, et al., Appellants v. Sally JEWELL, in her Official Capacity as Secretary of the U.S. Department of Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

August 26, 2014.

Attorney(s) appearing for the Case

Daniel P. Selmi argued the cause for appellants. With him on the briefs were Aaron S. Isherwood , Peter M. Morgan , Andrea C. Ferster , and Elizabeth S. Merritt.   Paul W. Edmondson entered an appearance.

Judith Rivlin was on the brief for amicus curiae United Mine Workers of America in support of appellants. Arthur Traynor III entered an appearance.

Katherine J. Barton , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, and David C. Shilton , Attorney. Andrew C. Mergen , Attorney, U.S. Department of Justice, entered an appearance.

Robert G. McLusky , Blair M. Gardner , and Michael J. Schrier were on the brief for amicus curiae West Virginia Coal Association, Inc. in support of appellees.

Dissenting opinion filed by Senior Circuit Judge SENTELLE.

SRINIVASAN, Circuit Judge:

The Battle of Blair Mountain is the largest armed labor conflict in our nation's history. In late August 1921, after years of tension between coal miners and coal companies, more than 5,000 West Virginia coal miners began a march to Logan and Mingo Counties, West Virginia. They aimed to unionize and liberate fellow miners living under martial law. When they reached Blair Mountain, a 1,600-acre area in Logan County, they encountered roughly...

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