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SOUTHERN APPALACHIAN MOUNTAIN STEWARDS v. ZINKE

Case No. 2:16CV00026.

279 F.Supp.3d 722 (2017)

SOUTHERN APPALACHIAN MOUNTAIN STEWARDS, et al., Plaintiffs, v. Ryan ZINKE, Secretary of the Interior, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

Signed September 20, 2017.

Editors Note
Applicable Law: 30 U.S.C. § 1276
Cause: 30 U.S.C. § 1276 Interior: Review of Agency Action
Nature of Suit: 899 Other Statutes: Administrative Procedures Act / Review or Appeal of Agency Decision
Source: PACER

Attorney(s) appearing for the Case

Walton D. Morris, Jr., Morris Law Office, P.C., Charlottesville, Virginia, and Isak Howell, Isak Howell Law Office, Roanoke, Virginia, for Plaintiffs.

John Austin, Field Solicitor, Department of the Interior, Knoxville, Tennessee, and Sarah Bugbee Winn, Assistant United States Attorney, Roanoke, Virginia, for Defendant.

OPINION AND ORDER

In this case, I must decide whether a decision by the Secretary of the Interior denying a federal inspection of selenium levels at a surface coal mine's outfall was arbitrary and capricious. With cross motions for summary judgment before me, I find that it was, and therefore...

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