Legal Opinion

National Wildlife Federation v. Manuel Lujan, Jr., Secretary, Department of the Interior

Court of Appeals for the D.C. Circuit

Decided December 10, 1991No. 90-5352, 90-5354, 90-5356 and 90-5358PublishedCited by 2 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Surface coal mining is a temporary use of the land. When mining ends the land must be restored. After revegetation is complete, and sufficient time has passed to ensure its success — 5 years in the east, 10 years in the arid west — a mine operator who has fulfilled all legal requirements is entitled to have his performance bond released. The principal question in this case is whether under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (1988), regulatory jurisdiction may then be…

2Cases cited6 opinions

  1. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  2. Adams Fruit Co. v. BarrettSupreme Court of the United States · 1990
  3. National Wildlife Federation v. Donald P. Hodel, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1988
  4. Wagner Seed Company, Inc. v. George Bush, as President of the United States of AmericaCourt of Appeals for the D.C. Circuit · 1991
  5. In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal CompanyCourt of Appeals for the D.C. Circuit · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Natural Resources & Environmental Protection Cabinet v. Whitley Development Corp.Court of Appeals of Kentucky · 1997
  2. State Ex Rel. Nixon v. Alternate Fuels, Inc.Missouri Court of Appeals · 2005

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