Mullins Coal Company v. William P. Clark, Secretary, Department of Interior

HARRISON L. WINTER, Chief Judge:

The Secretary of the Interior appeals from an order of the district court preliminarily enjoining him from enforcing against Mullins Coal Company (Mullins) a cessation order issued pursuant to 30 U.S.C. § 1271(a)(3). 600 F.Supp. 645. Because Mullins failed to exhaust available administrative remedies, as contemplated by the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq., before obtaining relief from the district court, we vacate the district court’s preliminary injunction.

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Mullins operates a mine in Buchanan County, Virginia. It is…