Legal Opinion

United States v. Shelton Coal Corp.

Court of Appeals for the Fourth Circuit

Decided October 2, 1987No. 86-2606PublishedCited by 2 opinions

1Opinion of the Court

HAYNSWORTH, Senior Circuit Judge:

The question is whether regulations adopted in 1982 by the Secretary of Interi- or may be applied retroactively to nullify a small mine exemption that had been granted by the Commonwealth of Virginia to Shelton Coal for a deep mining operation conducted in the last half of 1980 and the first quarter of 1981. The district court held that it could not be, and the United States has appealed. We affirm.

I

The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C.A. §§ 1201-1328 (1986), requires that the operators of active coal mines contribute to a fund,…

2Cases cited3 opinions

  1. Anderson, Clayton & Co., Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
  2. Bedford County Memorial Hospital v. Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1985
  3. United States v. Shelton Coal Corp.District Court, W.D. Virginia · 1986

3Cited by2 opinions

  1. National Wildlife Federation v. LujanDistrict Court, District of Columbia · 1990
  2. United States v. Shelton Coal CorporationCourt of Appeals for the Fourth Circuit · 1987

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