[Download] "Southern Ohio Coal Co. v. office of Surface Mining" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Southern Ohio Coal Co. v. office of Surface Mining
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 08, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

Description

KENNEDY, Circuit Judge. In this appeal, we address two similar issues involving the jurisdiction of the District Court over the United States Environmental Protection Agency ("USEPA") and the Office of Surface Mining, Reclamation and Enforcement of the Department of the Interior ("OSM"). Both agencies took or threatened to take enforcement actions related to the flooding of an Ohio coal mine that were at odds with decisions of their respective state counterpart agencies, the Ohio Environmental Protection Agency ("OEPA") and the Ohio Division of Reclamation ("ODR"). The court enjoined the federal agencies from acting "to effect the cessation of pumping at [the mine] unless their respective parallel approved state agencies fail to act vigorously, expeditiously, and in accordance with law." Because we find that the court lacked jurisdiction to enjoin USEPA and OSM in this manner, we reverse the judgment of the District Court.