ELR Citation: ELR 20610
No(s). 499-83L (Cl. Ct. Oct 13, 1989)

The court holds that the Surface Mining Control and Reclamation Act's (SMCRA's) prohibition of surface mining constitutes a taking of plaintiffs' right to mine coal, and that plaintiffs are entitled to just compensation of $60 million. The court first holds that SMCRA's prohibitions totally eliminat...