ELR Citation: ELR 20848
No(s). 82-0350-A (W.D. Va. Dec 23, 1986)

The court holds that the federal regulations promulgated in 1982 pursuant to §402 of the Surface Mining Control and Reclamation Act (SMCRA) can be retroactively applied. The court first holds that the 1982 regulations did not overrule or change the settled law as defined by the regulations that app...