FARRELL-COOPER MIN. CO. v. DEPT. OF THE INTERIOR

Nos. 12-7045, 12-7048.

728 F.3d 1229 (2013)

FARRELL-COOPER MINING COMPANY, Plaintiff-Appellant, v. U.S. DEPARTMENT OF THE INTERIOR; Office of Surface Mining, Reclamation and Enforcement; Sally Jewell, as the Secretary of the U.S. Department of the Interior; Joseph Pizarchik, as the Director of the Office of Surface Mining, Reclamation and Enforcement, Defendants-Appellees, and Oklahoma Department of Mines, Defendant-Appellant. Interstate Mining Compact Commission; West Virginia Department of Environmental Protection; Commonwealth of Virginia; State of Alaska, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

September 5, 2013.


Attorney(s) appearing for the Case

Stan D. Smith , Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, AR ( Brian A. Pipkin , Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, AR; Thomas J. McGeady and Donna L. Smith , Logan & Lowry, Vinita, OK, with him on the briefs), for the Plaintiff-Appellant.

P. Clayton Eubanks , Assistant Attorney General, Office of the Attorney General for the State of Oklahoma, Oklahoma City, OK ( Mark Secrest , Chief Counsel, Oklahoma Department of Mines, Oklahoma City, OK, with him on the briefs), for the Defendant-Appellant.

Katherine J. Barton , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., ( Ignacia S. Moreno , Assistant Attorney General, and Elizabeth A. Peterson , U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C.; and John Austin , U.S. Department of the Interior, Office of the Solicitor, Knoxville, TN, with her on the briefs), for the Defendants-Appellees.

Joseph L. Jenkins , Senior Counsel, West Virginia Department of Environmental Protection, Charleston, WV; Kenneth T. Cuccinelli, II , Attorney General of Virginia, E. Duncan Getchell, Jr. , Solicitor General of Virginia, Office of the Attorney General, Richmond, VA; Michael C. Geraghty , Attorney General of Alaska, Alaska Department of Law, Juneau, AK; and Gregory E. Conrad , Executive Director, Interstate Mining Compact Commission, filed an amicus curiae brief for Interstate Mining Compact Commission, West Virginia Department of Environmental Protection, Commonwealth of Virginia and State of Alaska.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.


LUCERO, Circuit Judge.

Plaintiff-Appellant Farrell-Cooper Mining Company ("Farrell-Cooper") and Defendant-Appellant Oklahoma Department of Mines ("ODM") appeal the district court's dismissal of their claims for declaratory and injunctive relief against the Department of Interior; the Secretary of the Interior; the Office of Surface Mining, Reclamation and Enforcement ("OSMRE"); and the Director of OSMRE (collectively, "Federal Appellees"). We dismiss this appeal as...

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