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Blackhawk Mining Co. v. Department of the Interior

Citation: 12 ELR 20781
No. No. 79-136, 19 ERC 2048/(E.D. Ky., 02/11/1982)

The courtupholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires an alleged violator to prepay the proposed civil penalty into escrow prior to obtaining an evidentiary hearing. Initially the court rejects plaintiff's contention that it is entitled to a hearing under §518(b) of SMCRA....

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