West Virginia Highlands Conservancy, Inc. v. Babbitt
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Vacated and remanded for dismissal by published opinion. Senior Judge MAGILL wrote the opinion, in which Chief Judge WILKINSON and Judge WIDENER concurred.
OPINION
MAGILL, Senior Circuit Judge:
Eight years after ceasing mining operations at Kittle Flats and receiving a final bond release from the State of West Virginia, LaRosa Fuel Company (LaRosa) received a Cessation Order from the Office of Surface Mining Reclamation and Enforcement (OSM), requiring it to reduce acid mine drainage from Kittle Flats. The Interior Board of Land Appeals (IBLA) vacated the order, ruling that OSM lacked…
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- West Virginia Highlands Conservancy, Incorporated, a Corporation v. Bruce Babbitt, Secretary of the Interior Larosa Fuel Company, Incorporated, West Virginia Highlands Conservancy, Incorporated, a Corporation v. Larosa Fuel Company, Incorporated, and Bruce Babbitt, Secretary of the InteriorCourt of Appeals for the Fourth Circuit · 1998