Nance v. United States

MEMORANDUM OPINION AND FINAL ORDER

SUSAN G. BRADEN, District Judge.

This case involves allegations of the talcing of coal rights, located in the Tongue River Valley, near Birney, Montana.

*43I. RELEVANT FACTS.1

On August 3, 1977, Congress enacted the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”), to “establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations” and to “assure that the coal supply essential to the Nation’s energy requirements, and to its economic and social well-being is provided[.]” Pub.L. No. 95-87,…