Pittston Coal Co. v. Babbitt

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

HAMILTON, Circuit Judge:

Appellants Pittston Company (Pittston) and Clinchfield Coal Company (Clinchfield) brought this action asserting that the proposed denial of their applications for mining permits violated their procedural due process rights. Appellees Bruce Babbitt, Secretary of the Interior, and the Commonwealth of Virginia moved to dismiss the case for lack of subject matter jurisdiction. See Fed. R.Civ.P. 12(b)(1). The district court granted the motion, holding…