Legal Opinion
B & M Coal Corporation, Counter-Defendant-Appellant v. Office of Surface Mining Reclamation and Enforcement, Counter-Claimant-Appellee
Court of Appeals for the Seventh Circuit
Decided February 1, 1983No. 82-1380PublishedCited by 14 opinions
1Opinion of the Court
SWYGERT, Senior Circuit Judge.
The issue in this appeal is whether section 518(c) of the Surface Mining Control and Reclamation Act of 1977 (“the Act”), 30 U.S.C. § 1268(c), which requires an escrow deposit of a proposed penalty assessment prior to a formal hearing, is unconstitutional as violative of procedural due process rights secured by the fifth amendment. Given the procedural and administrative safeguards provided by the Act and various regulations, the district court found no constitutional deficiency in this prepayment requirement. 1 We affirm.
I
Plaintiff-appellant B & M Coal…
2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Withrow v. LarkinSupreme Court of the United States · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Blackhawk Mining Company, Inc. v. Cecil D. Andrus, Secretary, Department of the Interior and United States of AmericaCourt of Appeals for the Sixth Circuit · 1983
- Maynard C. Graham and Graham Brothers Coal Co. v. Office of Surface Mining Reclamation and EnforcementCourt of Appeals for the Third Circuit · 1983
- Lyle Construction, Inc. v. Ohio Department of Natural Resources, Division of ReclamationOhio Supreme Court · 1987
- Metropolitan Life Ins. Co. v. Board of Directors of Wisconsin Ins. SEC. FundDistrict Court, W.D. Wisconsin · 1983
- Boyle Land & Fuel Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1984
9 more not listed; retrieve them via the Exa API.