Blackhawk Mining Company, Inc. v. Cecil D. Andrus, Secretary, Department of the Interior and United States of America

Blackhawk Mining Company, Inc. (“Blackhawk”), a Kentucky surface mining company, appeals from a summary judgment against it sustaining the constitutionality of section 518(c) of the Surface Mining Control and Reclamation Act of 1977 (“the Act”), 30 U.S.C. § 1268(c). Blackhawk argues that this section’s requirement of prepayment of proposed penalty assessments into escrow as a condition for formal review violates procedural due process under the Fifth Amendment. We disagree and affirm.

The material facts are undisputed. On December 12,1978, Blackhawk was notified of three violations of the Act.…