Legal Opinion
B & M Coal Corp. v. Office of Surface Mining Reclamation & Enforcement
District Court, S.D. Indiana
Decided February 4, 1982No. IP 79-973-CPublishedCited by 8 opinions
1Opinion of the Court
ORDER AND MEMORANDUM OF DECISION
STECKLER, Chief Judge.
This case is presently before the Court on the Office of Surface Mining Reclamation and Enforcement’s (OSM) motion to dismiss B & M Coal Corporation’s (B & M Coal) complaint for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and the OSM’s motion for summary judgment on its counterclaim, Fed.R.Civ.P. 56.
The OSM assessed B & M Coal three separate civil penalties for three alleged violations of its surface mining permits and of the Surface Mining Control and Reclamation Act of 1977 (Act), 30 U.S.C. § 1201 et seq. After an assessment…
2Cases cited31 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
26 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aminoil, Inc. v. United States Environmental Protection AgencyDistrict Court, C.D. California · 1984
- Maynard C. Graham and Graham Brothers Coal Co. v. Office of Surface Mining Reclamation and EnforcementCourt of Appeals for the Third Circuit · 1983
- Lyle Construction, Inc. v. Ohio Department of Natural Resources, Division of ReclamationOhio Supreme Court · 1987
- B & M Coal Corporation, Counter-Defendant-Appellant v. Office of Surface Mining Reclamation and Enforcement, Counter-Claimant-AppelleeCourt of Appeals for the Seventh Circuit · 1983
- United States v. Crooksville Coal Co., Inc.District Court, S.D. Ohio · 1982
3 more not listed; retrieve them via the Exa API.