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B&M Coal Corp. v. Office of Surface Mining Reclamation & Enforcement

ELR Citation: ELR 20387
Nos. No. 82-1380, 699 F.2d 381/18 ERC 2123/(7th Cir., 02/01/1983) Aff'd

The court affirms a district court ruling, 12 ELR 20854, that the civil penalty prepayment requirement in §518(c) of the Surface Mining Control and Reclamation Act (SMCRA) is constitutional. The court holds that §518(c) does not violate the procedural due process guarantee of the Constitution....

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