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Blackhawk Mining Co. v. Andrus

ELR Citation: ELR 20710
Nos. No. 82-5141, 711 F.2d 753/19 ERC 2052/(6th Cir., 07/20/1983) Aff'd

The court rules that the penalty prepayment provisions of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA) do not violate Fifth Amendment due process requirements. Section 518(c) requires prepayment of penalties into escrow as a condition of administrative review of SMCRA penalty assessment....

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