United States v. Moore

No. 82-5478 (734 F.2d 17) (6th Cir. April 4, 1984)

The court holds constitutional the requirement of the Surface Mining Control and Reclamation Act that violators of the Act prepay their penalties before obtaining review.

Counsel for Appellant
David A. Burkhalter II
Burkhalter & Johnson
P.O. Box 11841, Knoxville TN 37919
(615) 584-0241

Counsel for Appellee
Robert S. More
Office of the Field Solicitor
Department of the Interior, P.O. Box 15006, Knoxville TN 27901
(618) 971-5254

Jones J. before Wellford and Celebrezze, JJ.

[14 ELR 20703]

Jones, J.:

Order

Moore appeals from the grant of summary judgment to the Government in this Surface Mining Control and Reclamation Act case. The district court found the statute at issue to be constitutional. This appeal has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. After an examination of the record and the briefs, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.

The Department of the Interior brought this action to recover assessments against Moore for violation of the Act. Moore challenged the constitutionality of the requirement that he pre-pay the assessment before obtaining review. This Court has recently held that this requirement is constitutional. Blackhawk Mining Co., Inc. v. Andrus, 711 F.2d 753 [13 ELR 20710] (6th Cir. 1983). Therefore, Moore has waived his right to review of the assessments, 30 U.S.C. § 1268(c).

Moore also alleges that he did not knowingly waive his rights. The administrative record contains a letter clearly informing Moore of the pre-payment requirement. So Moore's argument is without merit.

The judgment of the district court is affirmed under Rule 9(d)(3), Rules of the Sixth Circuit, because the issues are not substantial and do not require oral argument.

ENTERED BY ORDER OF THE COURT.