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Molinary v. Powell Mountain Coal Co.

ELR Citation: ELR 20035
Nos. 96-1728, -1797, 125 F.3d 231/(4th Cir., 09/11/1997) Aff'd in part, vacated in part, and remanded

The court holds that the citizen suit provision of the Surface Mining Control and Reclamation Act (SMCRA), §520(f), provides a federal cause of action for the recovery of damages resulting from violation of state regulations that are a part of the state's surface coal mining and reclamation regulatory program approved by the U.S....

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