United States Third Circuit
Pa. Fed'n of Sportsmen's Clubs, Inc. v. Kempthorne, 06-1780
Summary judgment sustaining two of respondent's decisions to terminate a program deficiency notice issued under 30 C.F.R. section 732.17, and delete a required amendment that was codified at 30 C.F.R. section 938.16(h), both of which directed Pennsylvania to comply with the requirements of 30 C.F.R. section 800.11(e), is reversed where the agency's decisions were inconsistent with its own regulations and regulatory obligations.
Appellate Information
- Argued 03/26/2007
- Decided 08/02/2007
- Published 08/02/2007
Judges
- Before: FISHER, JORDAN and ROTH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Kurt J. Weist (Argued), PennFuture, Harrisburg, PA, for Appellants.
- For Appellees:
- Tamara N. Rountree (Argued), U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Appellees, Dirk Kempthorne, et al., and Brent Wahlquist, et al., Dennis Whitaker (Argued), Department of Environmental Protection, Harrisburg, PA, for Appellee, Pennsylvania Dept. of Environmental Protection.