ELR Citation: ELR 20843
No(s). 93-3948 (6th Cir. Oct 27, 1994)

The court holds that the amount of shale a mining operator extracted as part of its coal mining operations counts toward the total tonnage of minerals it removed for "purposes of commercial use" thus enabling the operator to qualify for Surface Mining Control and Reclamation Act (SMCRA) §701(28)(A)...