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PENNSYLVANIA COAL MINING ASSOC. v. WATT

Civ. A. No. 82-1129.

562 F.Supp. 741 (1983)

PENNSYLVANIA COAL MINING ASSOC., et al., Plaintiffs, v. James G. WATT, and Commonwealth of Pennsylvania Department of Environmental Resources, Defendants.

United States District Court, M.D. Pennsylvania.

April 20, 1983.

Attorney(s) appearing for the Case

Stephen C. Braverman, Dilworth, Paxson, Kalish & Kauffman, Harrisburg, Pa., for plaintiffs.

Barbara L. Kosik, Asst. U.S. Atty., Harrisburg, Pa., Alfred T. Ghiorzi, U.S. Dept. of Justice, Land and Natural Resources, Washington, D.C., Barbara H. Brandon, Harrisburg, Pa., for defendant intervenor.

MEMORANDUM

CALDWELL, District Judge.

Each of the parties to this proceeding has filed a motion for summary judgment. We are required to determine whether certain state regulations on the subject of surface mining and reclamation operations are "in accordance with" the federal Surface Mining Control and Reclamation Act, 91 Stat. 445, Public Law 95-87, 30 U.S.C. 1201-1328 (hereinafter the federal act), and "consistent with" federal regulations adopted pursuant...

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