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Andrus v. P-Burg Coal Co.

Citation: 11 ELR 20385
No. No. 80-1916, 644 F.2d 1231/15 ERC 1961/(7th Cir., 04/01/1981) Aff'd

Affirming the judgment of the district court, 10 ELR 20938, the Seventh Circuit Court of Appeals rules that Congress is constitutionally empowered to regulate surface coal mining operations producing coal solely for intrastate sale and that representatives of the Department of the Interior need not obtain a search warrant before conducting an administrative inspection pursuant to the Surface Mining Control and Reclamation Act. The court is wholly in accord with the reasoning of the court below and adopts it as its own.

Counsel for Appellant
Harold E. Hutson
1322 Circle Tower, 5 E. Market St., Indianapolis IN 46204
(317) 631-1838

Counsel for Appellees
Virginia Dill McCarty, U.S. Attorney; Harold R. Bickham, Ass't U.S. Attorney
Fed. Bldg. & U.S. Cthse., 46 E. Ohio St., Indianapolis IN 46204
(317) 269-6333

Before CUMMINGS, Circuit Judge, MARKEY, Judge of the U.S. Court of Customs and Patent Appeals,* and CUDAHY, Circuit Judge.