M.L. JOHNSON FAMILY PROPERTIES, LLC v. BERNHARDT

No. 18-5520.

924 F.3d 842 (2019)

M.L. JOHNSON FAMILY PROPERTIES, LLC, Plaintiff-Appellant, v. David L. BERNHARDT, Secretary of the Interior, Defendant-Appellee, Premier Elkhorn Coal LLC, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 15, 2019.


Attorney(s) appearing for the Case

ARGUED: Mary Varson Cromer , APPALACHIAN CITIZENS' LAW CENTER, Whitesburg, Kentucky, for Appellant. Corinne Snow , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellee. ON BRIEF: Mary Varson Cromer , APPALACHIAN CITIZENS' LAW CENTER, Whitesburg, Kentucky, Joe F. Childers , JOE F. CHILDERS & ASSOCIATES, Lexington, Kentucky, Walton D. Morris, Jr. , MORRIS LAW OFFICE, P.C., Charlottesville, Virginia, for Appellant. Eric Grant , J. David Gunter II , Dustin J. Maghamfar , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Federal Appellee. John C. Martin , HOLLAND & HART LLP, Washington, D.C., Thomas C. Means , CROWELL & MORING LLP, Washington, D.C., Charles J. Baird , BAIRD & BAIRD, PSC, Pikeville, Kentucky, for Intervenor Appellee. Samuel J. Short , J. Michael West , KENTUCKY ENERGY AND ENVIRONMENT CABINET, Frankfort, Kentucky, for Amicus Curiae.

Before: McKEAGUE, GRIFFIN, and NALBANDIAN, Circuit Judges.


OPINION

How to use a large plot of land known as "Tract 46" in Pike County, Kentucky has been a point of contention between the plot's joint owners for quite some time. The plot's surface and mineral estates have been severed for a century. Today, the Pike Letcher Land Company and Johnson LLC each own the surface...

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