ELR Citation: ELR 20419
No(s). 3-81-520 (E.D. Tenn. Jul 21, 1982)

The court holds constitutional §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires the payment of civil penalties into escrow prior to seeking administrative review. The court rules that the escrow requirement is not a taking of property without due process, as the los...