Legal Opinion
Molinary v. Powell Mountain Coal Co.
Court of Appeals for the Fourth Circuit
Decided September 11, 1997No. 96-1728, 96-1797PublishedCited by 12 opinions
1Opinion of the Court
Affirmed in part, vacated in part, and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge WILKINS and Judge NIEMEYER joined.
OPINION
HAMILTON, Circuit Judge:
In this appeal, we consider whether § 520(f) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. § 1270(f), provides a federal cause of action for the recovery of dam ages resulting from violation of state regulations that are a part of the state’s surface coal mining and reclamation regulatory program approved by the United States Secretary of the Interior pursuant to § 503 of SMCRA, 30…
2Cases cited9 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Auer v. RobbinsSupreme Court of the United States · 1997
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- International Science & Technology Institute, Incorporated v. Inacom Communications, IncorporatedCourt of Appeals for the Fourth Circuit · 1997
- Beale v. JonesSupreme Court of Virginia · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- UNITED STATES of America, Appellant, v. OCCIDENTAL CHEMICAL CORPORATIONCourt of Appeals for the Third Circuit · 1999
- Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust v. Powell Mountain Coal Company, Incorporated, D/B/A Wax Coal Company, National Mining Association United States of America, Amici Curiae. Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust v. Powell Mountain Coal Company, Incorporated, D/B/A Wax Coal Company, National Mining Association United States of America, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1997
- Bell Atlantic-Virginia, Inc. v. WorldCom Technologies of Virginia, Inc.District Court, E.D. Virginia · 1999
- Molinary v. Powell Mountain Coal Company, Inc.District Court, W.D. Virginia · 1999
- Cunningham v. Offshore Specialty Fabrications, Inc.District Court, E.D. Texas · 2008
7 more not listed; retrieve them via the Exa API.