United States Fourth Circuit

Summary judgment for plaintiffs, in action alleging defendant's approval of amendments to West Virginia's regulatory program for surface coal mining violated the Administrative Procedure Act and the Surface Mining Control and Reclamation Act of 1977, is affirmed where defendant's decision to approve the amendments was arbitrary and capricious.

Appellate Information

• Decided 12/12/2006
• Published 12/12/2006

Judges

• Before WILLIAMS, Circuit Judge, HAMILTON, Senior Circuit Judge, and RICHARD L. VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Allen M. Brabender, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant.   Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellees.   ON BRIEF:  Steven C. Barcley, United States Department of the Interior, Office of the Solicitor, Pittsburgh, Pennsylvania;  Sue Ellen Wooldridge, Assistant Attorney General, Kathryn E. Kovacs, Ruth Ann Storey, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant.  Charles M. Kincaid, Huntington, West Virginia, for Appellees.