United States Sixth Circuit

Defendant-EPA's final rule, which sets new regulations for mining in once-abandoned coal mines that have been reopened, exceeds its statutory mandate and, consequently, is invalid.

Appellate Information

• Decided 10/07/2004
• Published 10/07/2004

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. FitzGerald, Kentucky Resources Council, Inc., Frankfort, Kentucky, for Petitioners.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.   ON BRIEF:  Thomas J. FitzGerald, Kentucky Resources Council, Inc., Frankfort, Kentucky, for Petitioners.  David A. Carson, United States Department of Justice, Denver, Colorado, for Respondent.  Dennis A. Whitaker, Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, Pennsylvania, for Amicus Curiae.