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Eastover Mining Co. v. Andrus

Citation: 12 ELR 20923
No. No. 80-17, (E.D. Ky., 01/06/1982)

The court rules that the Surface Mining Control and Reclamation Act (SMCRA) authorizes the concurrent enforcement of SMCRA regulations by the Commonwealth of Kentucky and the Secretary of the Interior. Initially, the court rules that it, not the District Court for the District of Columbia, has jurisdiction since the proceedings reviewed are adjudicative and not rulemaking. The court then rules that, on the facts of the case, the Secretary is authorized to enforce SMCRA even though the commonwealth had already initiated an enforcement action for the same violations and had given the mine operator a grace period in which to correct them. The court concludes that the Secretary's action is supported by substantial evidence.

Counsel for Plaintiff
Karl S. Foster
P.O. Box 935, Harlan KY 40831
(606) 573-7000

Counsel for Defendant
Charles P. Gault
Office of Surface Mining
Dep't of the Interior, P.O. Box 15006, Knoxville TN 37901
(615) 971-5100

Louis G. DeFalaise, U.S. Attorney
P.O. Box 1490, Lexington NY 40591
(606) 233-2661