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CONCERNED CITIZENS OF APPALACHIA, INC. v. ANDRUS

Civ. No. 3-80-210.

494 F.Supp. 679 (1980)

CONCERNED CITIZENS OF APPALACHIA, INC. and New Market Coal Company, Inc. v. Cecil D. ANDRUS, Secretary, Department of the Interior, and David C. Short, Director, Region II, Office of Surface Mining Reclamation and Enforcement.

United States District Court, E. D. Tennessee, N. D.

June 12, 1980.

Attorney(s) appearing for the Case

W. P. Boone Dougherty, Knoxville, Tenn., for plaintiffs.

Richard K. Harris, Asst. U. S. Atty., Robert S. More, Knoxville, Tenn., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action for injunctive and declaratory relief against enforcement of the "Surface Mining Control and Reclamation Act of 1977," 30 U.S.C. §§ 1201 et seq. (herein cited as "the Act"). The plaintiffs contend the Act, the regulations under the Act, and the methods of enforcement by the Secretary of Interior violate the Fifth and Tenth Amendments to the federal constitution. A hearing has...

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