Legal Opinion

State of Montana v. William P. Clark, Secretary of the Department of the Interior

Court of Appeals for the D.C. Circuit

Decided February 6, 1985No. 83-1982PublishedCited by 89 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

The State of Montana appeals a District Court order upholding an Interior Department regulation, 30 C.F.R. § 872.11(b)(3) (1983), against a challenge that it is inconsistent with the organic statute, the Surface Mining Control and Reclamation Act, 30 U.S.C. § 1201 et seq. (1982). The Crow Tribe of Indians joins the federal government in defending the validity of the regulation. In addition to this substantive issue, the case presents the threshold procedural question whether Montana’s petition for…

2Cases cited25 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  4. Morton v. RuizSupreme Court of the United States · 1974
  5. Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980

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3Cited by89 opinions

  1. General Motors Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2004
  2. Ceramica Regiomontanam, S.A. v. United StatesUnited States Court of International Trade · 1986
  3. Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004
  4. Betty Martin v. Office of Special Counsel, Merit Systems Protection BoardCourt of Appeals for the D.C. Circuit · 1987
  5. Johnson v. BuckleyCourt of Appeals for the Ninth Circuit · 2004

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