Arch Mineral Corp v. Babbitt, Sec

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Judge SPENCER joined.

OPINION

ERVIN, Circuit Judge:

Bruce M. Babbitt, Secretary of the Interi- or, United States Department of the Interior, appeals from a decision of the United States District Court for the Southern District of West Virginia granting summary judgment in favor of Arch Mineral Corporation and granting the company’s motion for a permanent injunction. For the reasons hereinafter explored, we affirm.

I

This ease arises from an attempt by the Interior Department’s Office of Surface Mining…