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Oklahoma Wildlife Fed'n v. Hodel

Citation: 17 ELR 20156
No. No. 85-C-964-C, 642 F. Supp. 569 at 571/(N.D. Okla., 08/06/1986) Jurisdiction over private defendants

The court rules that § 520(a)(1) of the Surface Mining Control and Reclamation Act authorizes citizen suits against private or government operators that are in violation of a rule, regulation, order, or permit, but precludes suits against private operators that are in violation of the Act itself. The court therefore holds that it lacks jurisdiction over plaintiffs' suit against a coal company because there is insufficient evidence to establish that it is in violation of any rule, regulation, order, or permit.

[A related case appears at 17 ELR 20155.]

Counsel are listed at 17 ELR 20155.