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Concerned Citizens of Appalachia v. Andrus

Citation: 10 ELR 20536
No. No. 3-80-210, 494 F. Supp. 679/14 ERC 2100/(E.D. Tenn., 06/12/1980)

Granting defendants' motion to dismiss and rejecting plaintiffs' motion for a temporary injunction, the court holds that the Surface Mining Control and Reclamation Act (SMCRA) violates neither the Due Process Clause of the Fifth Amendment, the "reserved powers provision" of the Tenth Amendment, nor plaintiffs' right to equal protection....

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