Legal Opinion

Molinary v. Powell Mountain Coal Co., Inc.

District Court, W.D. Virginia

Decided May 24, 1995No. 91-0007-BPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILSON, District Judge.

This is a class action citizen suit for damages pursuant to § 520(f), 30 U.S.C. § 1270(f), of the Surface Mining Control and Reclamation Act (SMCRA), by class representative Jo. D. Molinary (Molinary) against Powell Mountain Coal Company, Inc., d/b/a Wax Coal (Wax Coal). 1 The class — known as the “Pruitt heirs” — owns more than a 99 percent undivided interest in the surface-rights to a fifty acre tract of land located in Lee, County, Virginia that Wax Coal auger mined without lawful authority. The Virginia Division of Mined Land Reclamation (DMLR)…

2Cases cited12 opinions

  1. Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
  2. Franklin v. Gwinnett County Public SchoolsSupreme Court of the United States · 1992
  3. State of Ohio v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior, Public Service Electric and Gas Co., Asarco Inc., Intervenors. National Wildlife Federation v. Department of the Interior and United States of America, Edison Electric Institute, American Mining Congress, Public Service Electric and Gas Co., Chemical Manufacturers Association, American Petroleum Institute, Asarco Inc., Intervenors. State of New Jersey, Department of Environmental Protection v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, Edison Electric Institute, American Petroleum Institute, American Mining Congress, Asarco, Inc., Public Service Electric and Gas Co., Chemical Manufacturers Association, Intervenors. State of Colorado v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, Edison Electric Institute, American Mining Congress, Public Service Electric and Gas Co., American Petroleum Institute, Asarco Inc., Chemical Manufacturers Association, Intervenors. State of New York v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, American Mining Congress, Public Service Electric and Gas Co., American Petroleum Institute, Edison Electric Institute, Asarco, Inc., Chemical Manufacturers Association, Intervenors. Commonwealth of Massachusetts v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, American Mining Congress, Public Service Electric and Gas Co., American Petroleum Institute, Edison Electric Institute, Asarco Inc., Chemical Manufacturers Association, Intervenors. People of the State of California, Ex Rel. John K. Van De Kamp, Attorney General of California v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, American Mining Congress, Public Service Electric and Gas Co., American Petroleum Institute, Edison Electric Institute, Asarco Inc., Chemical Manufacturers Association, Intervenors. Chemical Manufacturers Association v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, Edison Electric Institute, Asarco Inc., National Wildlife Federation, Intervenors. Public Service Electric & Gas Company, and Dana Corporation v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior and United States of America, Edison Electric Institute, Asarco Inc., National Wildlife Federation, Intervenors. National Wildlife Federation v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the Interior, State of New York v. United States Department of the Interior, Manuel Lujan, Jr., Secretary of Department of the InteriorCourt of Appeals for the D.C. Circuit · 1989
  4. Donald H. Haydo and Patricia A. Haydo, His Wife v. Amerikohl Mining, IncCourt of Appeals for the Third Circuit · 1987
  5. Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916

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3Cited by2 opinions

  1. Molinary v. Powell Mountain Coal Company, Inc.District Court, W.D. Virginia · 1999
  2. Catron v. BabbittDistrict Court, W.D. Virginia · 1997

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