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Wilson Farms Coal Co. v. Andrus

Citation: 12 ELR 20033
No. No. 80-150, 518 F. Supp. 295/(E.D. Ky., 07/15/1981)

The court rules that under § 526(a)(2) of the Surface Mining Control and Reclamation Act, appeals of adverse rulings in enforcement proceedings must be made within 30 days. The court strictly construes the 30-day statute of limitations in order to provide for an orderly process of judicial review with minimal harm to the environment. The court rejects plaintiff's argument that the Secretary of the Interior's decision constituted a rulemaking with a 60-day statute of limitations rather than an adjudicatory proceeding. The decision clearly arose out of adjudicatory proceedings relating to plaintiff's coal mining activities. Thus, the court dismisses the appeal as untimely.

Counsel for Plaintiff
Ted Q. Wilson
P.O. Box 326, Oneida TN 37841
(615) 569-8551

Counsel for Defendant
Jane E. Graham, Ass't U.S. Attorney
326 Fed. Bldg., P.O. Box 1490, Lexington KY 40591
(606) 233-2661