Cumberland Reclamation Company v. Secretary, United States Department of the Interior

NATHANIEL R. JONES, Circuit Judge.

The purpose of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) is to reclaim and restore areas which have been harmed by coal mining. 30 U.S.C. § 1231(e)(1) (1988). This goal is accomplished by requiring coal mining operators to pay reclamation fees of 35 cents for every ton of coal produced by “surface coal mining” to the Secretary of the Interior. 30 U.S.C. § 1232(a) (1988). In this case, we must decide whether the dredging of the Cumberland River for the purpose of producing coal is “surface coal mining” under the SMCRA.

Plaintiff-appellant…