National Mining Association v. United States Department of the Interior

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellants, National Mining Association (the Association) and the Interstate Mining Compact Commission, appeal the district court’s summary judgment disposing of their claims that the Department of Interior acted arbitrarily or capriciously in denying a rule-making petition. The petition sought to repeal a regulation, promulgated under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq. (SMCRA), which permits the Department to issue notices of violation to mine operators in so-called…