United States DC Circuit

The Secretary of the Interior's interpretation of the Surface Mining Control and Reclamation Act, to exclude subsidence from the definition of "surface coal mining operations," was reasonable where Congress has not spoken unambiguously on that issue in the Act.

Appellate Information

• Argued 04/07/2003
• Decided 06/03/2003
• Published 06/03/2003

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Gregory E. Conrad and Christopher B. Power were on the brief for amicus curiae Interstate Mining Compact Commission in support of the Secretary of the Interior and the National Mining Association.  Henry M. Ingram entered an appearance.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for federal appellant/cross-appellee Secretary of the Interior.   With her on the briefs were William B. Lazarus and Robert H. Oakley, Attorneys., Thomas C. Means argued the cause for appellant/cross-appellee National Mining Association.   With him on the briefs were J. Michael Klise, Kirsten L. Nathanson, and Harold P. Quinn, Jr., Walton D. Morris, Jr., argued the cause for appellees/cross-appellants.   With him on the briefs were Paul W. Edmondson, Elizabeth S. Merritt, Howard I. Fox, and Glenn P. Sugameli.