Sierra Club v. Davies

I concur with the majority opinion to the extent it affirms the denial of damages for appellant mining companies. As to the decision to reverse the permanent injunction, I respectfully dissent. I would affirm the judgment of the district court granting the permanent injunction on grounds that the Secretary’s actions were arbitrary, capricious and not in accordance with law because the Secretary lacks authority to excuse the State of Arkansas from complying with the statutory conversion requirements by characterizing the proposed Phase I test drilling as a “temporary non-conforming use.”

I

The…