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United States v. Thompson Bros. Coal Co.

Citation: 12 ELR 20665
No. No. 81-945, 532 F. Supp. 979/17 ERC 1893/(W.D. Pa., 02/26/1982)

The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) requirement for payment of an administratively assessed penalty prior to a hearing is constitutional. The requirement is not a denial of due process since the Act affords additional remedies that satisfy the criteria of reasonableness and due process....

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