Appeals Court Upholds Limits On Surface Mining

Law360, New York (January 15, 2008, 12:00 AM EST) -- The National Mining Association was unable to persuade a federal appeals court on Tuesday that the U.S. government’s narrow interpretation of a federal law restricting surface mining in sensitive areas has led to the protection of more land than Congress intended.

The U.S. Court of Appeals for the District of Columbia Circuit found that the U.S. Secretary of the Interior’s reading of the ambiguous phrase, “valid existing rights,” in the Surface Mining Control and Reclamation Act was reasonable, and upheld the district court’s grant of summary...
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