Save Our Cumberland Mountains, Inc. v. Lujan

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns the proper forum for “citizen suits” under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), 30 U.S.C. §§ 1201 et seq. Section 520 of the Act authorizes “any person having an interest which is or may be adversely affected” to commence a civil action to compel compliance with the Act or “any rule, regulation, order or permit” thereunder. 30 U.S.C. § 1270(a). *376This “citizen suit” prescription describes two categories of civil actions: (1) complaints…