Legal Opinion
National Mining Association v. United States Department of the Interior
Court of Appeals for the D.C. Circuit
Decided January 31, 1997No. 95-5434 to 95-5436PublishedCited by 13 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge EDWARDS.
HARRY T. EDWARDS, Chief Judge:
Under the Surface Mining Control and Reclamation Act (“SMCRA”), a coal mining operation must obtain a permit before commencing surface mining. Appellant National Mining Association challenges three sets of regulations promulgated by the Department of Interior’s Office of Surface Mining Reclamation and Enforcement (“OSM”) under SMCRA: the “ownership and control” rule, the “permit-information” rule, and the “permit-rescission” rule.
We hold that the ownership and control rule violates step one of Chevron. Section…
2Cases cited3 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- In Re Permanent Surface Mining Regulation Litigation. Appeal of Peabody Coal CompanyCourt of Appeals for the D.C. Circuit · 1981
- Natural Resources Defense Council, Inc. v. ReillyCourt of Appeals for the D.C. Circuit · 1992
3Cited by13 opinions
- Cablevision Systems Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2011
- National Mining Association v. United States Department of the InteriorCourt of Appeals for the D.C. Circuit · 1999
- Ctzn Coal Cncl v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2003
- West Virginia Division of Environmental Protection v. Kingwood Coal Co.West Virginia Supreme Court · 1997
- Association of Private Sector Colleges and Universities v. DuncanDistrict Court, District of Columbia · 2012
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