West Virginia Highlands Conservancy, Incorporated National Wildlife Federation v. Gale A. Norton, Secretary of the Interior
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge KING joined.
OPINION
MICHAEL, Circuit Judge:
This appeal takes origin in a citizen complaint filed by the West Virginia Highlands Conservancy, Inc. and the National Wildlife Federation (collectively, ‘WVHC”) with the Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSM). The complaint alleged that a mining company was violating provisions of the Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. §§ 1201 et…
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