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NAT. COAL ASS'N v. HODEL

Civ. A. No. 83-2985.

617 F.Supp. 584 (1985)

NATIONAL COAL ASSOCIATION, et al., Plaintiffs, v. Donald P. HODEL, et al., Defendants.

United States District Court, District of Columbia.

August 28, 1985.

Attorney(s) appearing for the Case

Arnold Levy, Jerome H. Simonds, John S. Lopatto, III, Freedman, Levy, Kroll & Simonds, Washington, D.C. (Robert Stauffer, Peter Gabauer, Nat. Coal Ass'n, Washington, D.C., of counsel), and Thomas Altmeyer, Washington, D.C., Mining and Reclamation Council of America, for plaintiffs Nat. Coal Ass'n and Mining and Reclamation Council of America.

Robert D. Daniel, Special Litigation Counsel, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (John J. McHale, Atty. Advisor, Energy and Resources, Office of Solicitor, U.S. Dept. of Interior, Washington, D.C., of counsel), for Federal defendants.

Russell H. Carpenter, Jr., Laird Hart, Covington & Burling, Washington, D.C., for defendants Rocky Mountain Energy Co., et al.

OPINION

HAROLD H. GREENE, District Judge.

This case of first impression concerns the power of the Secretary of the Interior to engage in and approve land exchanges containing coal reserves where the exchange may, at least in part, benefit common carrier railroads. Ultimately, the decision turns, as do so many others in other contexts, on the meaning of the ubiquitous yet elusive phrase "the public interest." The issues are complicated by the fact that the...

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