United States v. State of Ohio

AMENDED OPINION

WHITE, Circuit Judge.

The United States appeals from the district court’s denial of its motion for summary judgment and grant of the State of Ohio’s and Buckingham Coal Company’s (“Buckingham”) motions for summary judgment in this action challenging Ohio’s right to lease Buckingham the right to mine coal lying beneath land acquired for a flood-control project. We REVERSE.

I

In 1948, the United States and Ohio entered into á cost-sharing agreement to construct and maintain the Tom Jenkins Dam and Burr Oak Reservoir (“Project”) to control flooding in southeast Ohio’s Hocking River…