United States Fourth Circuit

In an underlying complaint alleging that a mining company was violating provisions of the Surface Mining Control and Reclamation Act, because the Interior Board of Land Appeals must decide in the first instance the factual issue of whether plaintiff made a substantial contribution toward achieving the Board-ordered remand, summary judgment in favor of plaintiff on this issue is vacated.

Appellate Information

• Decided 09/03/2003
• Published 09/03/2003

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Katherine W. Hazard, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellant.  Walton Davis Morris, Jr., Morris Law Office, P.C., Charlottesville, Virginia, for Appellees.   ON BRIEF:Thomas L. Sansonetti, Assistant Attorney General, Todd S. Kim, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.;  Rodney Vieira, Wayne A. Babcock, Office of the Solicitor, Department of the Interior, Washington, D.C., for Appellant.  Charles M. Kincaid, Huntington, West Virginia, for Appellees.