United States Federal Circuit

A mining company's purchase of coal leases does not create any reasonable expectation that the company would be permitted to mine in a way likely to produce acid mine drainage pollution.

Appellate Information

• Decided 05/02/2001
• Published 05/02/2001

Judges

• Before MAYER, Chief Judge, LOURIE, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Raymond D. Battocchi,Gabeler, Battocchi & Griggs LLC, of McLean, VA, filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellant.   With him on the brief were John R. Powell and Vicki A. Paisley.   Of counsel on the brief was Walter H. Fleischer, of Washington, DC., Glenn Sugameli, Senior Counsel, National Wildlife Federation, of Washington, DC, for amicus curiae National Wildlife Federation., Nancie G. Marzulla, Defenders of Property Rights, of Washington, DC, for amicus curiae National Mining Association.


• For Appellees:
  
• Katherine J. Barton, Attorney, Environmental and Natural Resources Division, Department of Justice, of Washington, DC, filed a response for defendant-appellee.   With her on the brief was Susan V. Cook, Attorney.   Of counsel on the brief was Thomas A. Bovard, Attorney, Office of the Solicitor, Department of the Interior, of Washington, DC.