United States DC Circuit

In challenge to 1999 Rule promulgated by appellee, summary judgment for appellee is affirmed as appellee secretary's interpretation of the phrase "valid existing rights" in the Surface Mining Control and Reclamation Act, as foreclosing surface mining operations in sensitive areas, is reasonable.

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• Before:  GARLAND and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kirsten L. Nathanson argued the cause for appellant.   With her on the briefs were Harold P. Quinn, Jr. and Thomas C. Means.  Joseph M. Klise entered an appearance., Blair M. Gardner was on the brief for amicus curiae National Council of Coal Lessors, Inc. in support of appellant.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With her on the brief was Robert Oakley, Attorney., Walton D. Morris, Jr. was on the brief for appellee Kentucky Resources Council, Inc.