Eldorado Coal Co. v. Watt

No. 80-07 (E.D. Ky. April 7, 1982)

The court upholds the constitutionality of § 518(c) of the Surface Mining Control and Reclamation Act, which requires payment of penalties into escrow prior to an administrative hearing. Relying on an earlier decision, the court rules that § 518(c) satisfies the procedural due process requirements of the Constitution.

Counsel for Plaintiff
Herman W. Lester
Combs & Lester
207 Caroline Ave., P.O. Drawer 551, Pikeville KY 41501
(606) 437-6218

Counsel for Defendant
Louis G. DeFalaise, U.S. Attorney
P.O. Box 1490, Lexington KY 40501
(606) 233-2661

[12 ELR 20755]

UNTHANK, J.:

Order

Plaintiff brought the above-styled action to contest the constitutionality of § 518(c) of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1268(c), which makes pre-payment of a proposed civil penalty for that Act's violation a prerequisite for formal administrative review of such a penalty.

On October 28, 1980, the proceedings herein were stayed [12 ELR 20756] pending an anticipated United States Supreme Court decision on the constitutionality of this section. The Supreme Court, however, held that the Constitutional challenge in Hodel v. Virginia Surface Mining and Reclamation Association, United States Reporter slip opinion at 38, 101 S. Ct. 2352, 2374, L. Ed. 2d [11 ELR 20569] (1981).

But in Blackhawk Mining Co. v. Watt, Civil Action No. 79-136 [12 ELR 20781] (E.D. Ky. 1982), this Court held that the challenged procedure satisfies the requirements of the due process clause.

In the present action, defendants have moved for summary judgment on the constitutionality issue and on their counterclaim for plaintiff's payment of the penalty plaintiff failed to pre-pay. Plaintiff has not responded to defendants' challenge that it show that there are actually any factual questions yet to be resolved or that defendants are not entitled to judgment as a matter of law.

Now therefore, the Court being sufficiently advised,

IT IS HEREBY ORDERED

That defendants' motion for summary judgment be SUSTAINED and

That this action be STRICKEN from the docket

On this 30th day of March, 1982.

Final Judgment

Pursuant to the Memorandum Opinion and Order dated 30 March, 1982,

IT IS HEREBY ORDERED AND ADJUDGED:

That judgment be entered for defendants, James G. Watt, et al., and against plaintiff, Eldorado Coal Company, in the sum of TWO THOUSAND NINE HUNDRED AND SIXTY ($2,960.00) DOLLARS, the amount asked for in defendants' counterclaim, together with COSTS.

This the 7th day of April, 1982.