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Clinchfield Coal Co. v. Department of the Interior

Citation: 17 ELR 20240
No. No. 85-2206, 802 F.2d 102/25 ERC 1191/(4th Cir., 08/27/1986)

The court holds that a district court lacked jurisdiction to hold that a regulation issued under the Surface Mining Control and Reclamation Act exceeded the Secretary of the Interior's statutory authority, since this constitutes an attack on the validity of the regulation which must be brought in the United States District Court for the District of Columbia. The court notes that the district court may consider the injunction sought by the coal company against a notice of violation issued by the Secretary as long as it does not consider the validity of the regulation in deciding whether there is a substantial likelihood that the company will prevail on the merits.

Counsel for Appellant
Elizabeth S. Tonkin, Special Ass't U.S. Attorney
P.O. Box 1709, Roanoke VA 24008
(703) 982-6250

Counsel for Appellee
John R. Woodrum
Smith, Heenan & Althen
1110 Vermont Ave. NW, Washington DC 20035
(202) 887-0800

Before Sprouse, Chapman and Haynsworth, JJ.