United States Sixth Circuit

Under the Surface Mining Control and Reclamation Act, a mine operator must compact the backfill for mines to insure that its highwalls would not be re-exposed due to settling, at least until the performance bonds are fully released.

Appellate Information

• Argued 08/03/2001
• Decided 10/24/2001
• Published 10/24/2001

Judges

• Before DAUGHTREY and GILMAN, Circuit Judges;  WEBER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• James R. Golden (argued and briefed), Denham, Golden & Nagle, Middlesboro, KY, for Plaintiff-Appellant.


• For Appellees:
  
• Herbert Davis Sledd, Jr., Office of U.S. Atty., Lexington, KY, Andrew C. Mergen (argued and briefed), U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, for Defendants-Appellees.