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CITIZENS COAL COUNCIL v. NORTON

No. CIV.A. 00-0274JR.

193 F.Supp.2d 159 (2002)

CITIZENS COAL COUNCIL, et al., Plaintiffs, v. Gale NORTON, Secretary, U.S. Department of the Interior, Defendant, and National Mining Association, Intervenor-Defendant.

United States District Court, District of Columbia.

March 28, 2002.

Attorney(s) appearing for the Case

James Dougherty, Washington, DC, Walton D. Morris Jr., Charlottesville, VA, Paul W. Edmondson, General Counsel, Elizabeth S. Merritt, Associate General Counsel, National Trust for Historic Preservation, Washington, DC, Howard I. Fox, Glenn P. Sugameli, Earthjustice Legal Defense Fund, Washington, DC, Counsel for Plaintiffs.

Ruth Ann Storey, Environment & Natural, Resources Division, General Litigation Section, Washington, DC, Counsel for Defendant.

Thomas C. Means, J. Michael Klise, Kristen L. Nathanson, Crowell & Moring LLP, Washington, DC, Counsel for Intervenor-Defendant.

MEMORANDUM

ROBERTSON, District Judge.

The Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. §§ 1201 et seq., prohibits "surface coal mining operations" in national parks and other protected areas. Id. § 1272(e). This case, the latest chapter in fifteen years of litigation over the definition of "surface coal mining operations," presents the question whether § 1272(e) also prohibits subsidence and...

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