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mccord
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virginia
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coal
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waterway
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pollution
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committees
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state
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imposed
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amendment
provisions
require
operators
reclaim
mined
area
completely
covering
highwall
returning
site
approximate
original
contour
ii
refrain
dumping
spoil
material
downslope
bench
mining
cut
iii
refrain
disturbing
land
highwall
unless
permitted
regulatory
authority
supp
iii
operator
may
obtain
variance
requirement
showing
allow
postreclamation
use
deemed
constitute
equal
better
economic
public
use
otherwise
possible
supp
iii
district
ruling
relied
heavily
decision
national
league
cities
usery
district
viewed
central
issue
whether
act
governs
activities
private
individuals
whether
instead
regulates
governmental
decisions
although
acknowledged
act
ultimately
affects
coal
mine
operator
concluded
act
contravenes
tenth
amendment
interferes
traditional
governmental
function
regulating
land
use
held
applied
virginia
act
provisions
impermissibly
constrict
state
ability
make
essential
decisions
found
act
accomplishes
result
forced
relinquishment
state
control
land
use
planning
loss
state
control
economy
economic
harm
expenditure
state
funds
implement
act
destruction
taxing
power
certain
counties
cities
towns
therefore
permanently
enjoined
enforcement
district
reliance
national
league
cities
requires
careful
review
actual
basis
import
decision
case
considered
constitutional
challenge
amendments
fair
labor
standards
act
extended
federal
minimum
wage
maximum
hour
regulations
state
local
government
employees
conceded
challenged
regulations
undoubtedly
within
scope
commerce
clause
question
presented
whether
particular
exercise
commerce
power
encounter
ed
constitutional
barrier
regulations
applied
directly
subdivisions
employers
ibid
began
drawing
sharp
distinction
congressional
regulation
private
persons
businesses
necessarily
subject
dual
sovereignty
government
nation
state
reside
federal
regulation
directed
private
citizens
ibid
former
found
tenth
amendment
impediment
congressional
action
instead
reaffirmed
consistent
rule
congressional
power
areas
private
endeavor
even
exercise
may
express
determinations
contrary
result
commended
collective
wisdom
congress
held
limited
requirement
means
chosen
congress
must
reasonably
adapted
end
permitted
constitution
heart
atlanta
motel
apparent
discussion
order
succeed
claim
congressional
commerce
power
legislation
invalid
reasoning
national
league
cities
must
satisfy
three
requirements
first
must
showing
challenged
statute
regulates
second
federal
regulation
must
address
matters
indisputably
attribute
state
sovereignty
third
must
apparent
compliance
federal
law
directly
impair
ability
structure
integral
operations
areas
traditional
governmental
functions
surface
mining
act
examined
light
principles
clear
appellees
tenth
amendment
challenge
must
fail
first
three
requirements
satisfied
district
holding
contrary
rests
unwarranted
extension
decision
national
league
cities
district
acknowledged
provisions
surface
mining
act
govern
activities
coal
mine
operators
private
individuals
businesses
moreover
compelled
enforce
standards
expend
state
funds
participate
federal
regulatory
program
manner
whatsoever
state
wish
submit
proposed
permanent
program
complies
act
implementing
regulations
full
regulatory
burden
borne
federal
government
thus
suggestion
act
commandeers
legislative
processes
directly
compelling
enact
enforce
federal
regulatory
program
cf
maryland
epa
vacated
remanded
sub
nom
epa
brown
district
columbia
train
app
vacated
remanded
sub
nom
epa
brown
brown
epa
vacated
remanded
said
surface
mining
act
establishes
program
cooperative
federalism
allows
within
limits
established
federal
minimum
standards
enact
administer
regulatory
programs
structured
meet
particular
needs
see
permanent
surface
mining
regulation
litigation
app
respect
act
resembles
number
federal
statutes
survived
tenth
amendment
challenges
lower
federal
courts
appellees
argue
however
threat
federal
usurpation
regulatory
roles
coerces
enforcing
surface
mining
act
appellees
also
contend
act
directly
regulates
establishes
mandatory
minimum
federal
standards
essence
appellees
urge
us
join
district
looking
beyond
activities
actually
regulated
act
conceivable
effects
freedom
make
decisions
areas
integral
governmental
functions
appellees
emphasize
act
interferes
ability
exercise
police
powers
regulating
land
use
appellees
claims
accurately
characterize
act
insofar
prescribes
federal
minimum
standards
governing
surface
coal
mining
state
may
either
implement
else
yield
federally
administered
regulatory
program
object
scheme
however
appellees
must
assume
tenth
amendment
limits
congressional
power
displace
state
regulation
private
activities
affecting
interstate
commerce
assumption
incorrect
wealth
precedent
attests
congressional
authority
displace
state
laws
regulating
private
activity
affecting
interstate
commerce
laws
conflict
federal
law
see
jones
rath
packing
perez
campbell
florida
lime
avocado
growers
paul
bethlehem
steel
new
york
state
labor
relations
hines
davidowitz
moreover
clear
commerce
clause
empowers
congress
prohibit
inconsistent
state
regulation
activities
see
city
burbank
lockheed
air
terminal
campbell
hussey
rice
santa
fe
elevator
transit
although
congressional
enactments
obviously
curtail
prohibit
prerogatives
make
legislative
choices
respecting
subjects
may
consider
important
supremacy
clause
permits
result
see
chicago
north
western
transp
kalo
brick
tile
sanitary
district
minnesota
rate
cases
gibbons
ogden
long
ago
stated
elementary
well
settled
divided
authority
interstate
commerce
acts
congress
subject
exclusive
missouri
pacific
stroud
thus
congress
constitutionally
enacted
statute
prohibiting
state
regulation
surface
coal
mining
fail
see
surface
mining
act
become
constitutionally
suspect
simply
congress
chose
allow
regulatory
role
contrary
assumption
district
appellees
nothing
national
league
cities
suggests
tenth
amendment
shields
federal
regulation
private
activities
affecting
interstate
commerce
contrary
national
league
cities
explicitly
reaffirmed
teaching
earlier
cases
congress
may
regulating
private
activities
pursuant
commerce
power
express
determinations
contrary
result
commended
collective
wisdom
congress
limitation
congressional
authority
regard
requirement
means
selected
reasonably
related
goal
regulating
interstate
commerce
ibid
already
indicated
act
satisfies
test
conclusion
applies
regardless
whether
federal
legislation
displaces
laws
enacted
police
powers
long
ago
rejected
suggestion
congress
invades
areas
reserved
tenth
amendment
simply
exercises
authority
commerce
clause
manner
displaces
exercise
police
powers
see
hoke
athanasaw
cleveland
darby
wrightwood
dairy
cf
carolene
products
objection
exertion
power
regulate
interstate
commerce
exercise
attended
incidents
attend
exercise
police
power
accord
fpc
natural
gas
pipeline
hamilton
kentucky
distilleries
warehouse
seven
cases
upheld
constitutional
number
federal
statutes
enacted
commerce
power
particular
exercises
state
police
power
see
walsh
upholding
federal
food
drug
cosmetic
act
nlrb
jones
laughlin
steel
upholding
national
labor
relations
act
darby
supra
upholding
fair
labor
standards
act
therefore
radical
departure
precedent
hold
tenth
amendment
prohibits
congress
displacing
state
police
power
laws
regulating
private
activity
nothing
national
league
cities
compels
even
hints
departure
sum
appellees
tenth
amendment
challenge
surface
mining
act
must
fail
contrast
situation
national
league
cities
statute
issue
regulates
individual
businesses
necessarily
subject
dual
sovereignty
government
nation
state
reside
national
league
cities
usery
accordingly
turn
district
ruling
act
contravenes
constitutional
limits
congressional
action
iv
district
held
two
act
provisions
violate
compensation
clause
fifth
amendment
first
found
provisions
discussed
effect
uncompensated
taking
private
property
requiring
operators
perform
economically
physically
impossible
task
restoring
surface
mines
approximate
original
contour
held
even
surface
mines
restored
approximate
original
contour
value
mined
land
restoration
diminished
practically
nothing
ibid
second
found
act
effects
unconstitutional
taking
expressly
prohibits
mining
certain
locations
clearly
prevent
person
mining
land
mined
relying
decision
pennsylvania
coal
mahon
district
held
provisions
unconstitutional
depriv
coal
mine
operators
use
land
profitable
conclude
district
ruling
taking
issue
suffers
fatal
deficiency
neither
appellees
identified
property
appellees
interest
allegedly
taken
operation
act
proceeding
fashion
ignored
admonition
constitutionality
statutes
decided
except
actual
factual
setting
makes
decision
necessary
see
socialist
labor
party
gilligan
rescue
army
municipal
alabama
state
federation
labor
mcadory
adherence
rule
particularly
important
cases
raising
allegations
unconstitutional
taking
private
property
last
term
reaffirmed
generally
unable
develop
set
formula
determining
justice
fairness
require
economic
injuries
caused
public
action
compensated
government
rather
remain
disproportionately
concentrated
persons
rather
examined
taking
question
engaging
essentially
ad
hoc
factual
inquiries
identified
several
factors
economic
impact
regulation
interference
reasonable
investment
backed
expectations
character
government
action
particular
significance
kaiser
aetna
citations
omitted
appellees
taking
claim
arose
context
facial
challenge
presented
concrete
controversy
concerning
either
application
act
particular
surface
mining
operations
effect
specific
parcels
land
thus
issue
properly
district
turn
whether
mere
enactment
surface
mining
act
constitutes
taking
see
agins
tiburon
test
applied
considering
facial
challenge
fairly
straightforward
statute
regulating
uses
made
property
effects
taking
denies
owner
economically
viable
use
land
agins
tiburon
supra
see
penn
central
transp
new
york
city
surface
mining
act
easily
survives
scrutiny
test
first
act
face
prevent
beneficial
use
lands
except
proscription
mining
near
certain
locations
act
categorically
prohibit
surface
coal
mining
merely
regulates
conditions
operations
may
conducted
act
purport
regulate
alternative
uses
lands
may
put
thus
posture
cases
come
us
reason
suppose
mere
enactment
surface
mining
act
deprived
appellees
economically
viable
use
property
moreover
appellees
juncture
legitimately
raise
complaints
manner
challenged
provisions
act
applied
specific
circumstances
effect
particular
coal
mining
operations
indication
record
appellees
availed
opportunities
provided
act
obtain
administrative
relief
requesting
either
variance
requirement
waiver
surface
mining
restrictions
appellees
seek
administrative
relief
procedures
mutually
acceptable
solution
might
well
reached
regard
individual
properties
thereby
obviating
need
address
constitutional
questions
potential
administrative
solutions
confirms
conclusion
taking
issue
decided
district
simply
ripe
judicial
resolution
district
next
ruled
act
contravenes
fifth
amendment
number
enforcement
provisions
offend
amendment
due
process
clause
one
provision
supp
iii
instructs
secretary
immediately
order
total
partial
cessation
surface
mining
operation
whenever
determines
basis
federal
inspection
operation
violation
act
permit
condition
required
act
operation
creates
immediate
danger
health
safety
public
causing
reasonably
expected
cause
significant
imminent
environmental
harm
land
air
water
resources
district
held
authorization
immediate
cessation
orders
violates
fifth
amendment
statute
provide
sufficiently
objective
criteria
summary
administrative
action
regard
relied
finding
osm
inspectors
issued
particular
company
three
immediate
cessation
orders
later
overturned
appeal
company
involved
suffered
significant
losses
enjoined
secretary
issuing
immediate
cessation
orders
time
congress
makes
provisions
correct
use
subjective
criteria
osm
inspectors
addition
ruled
even
act
amended
correct
problem
response
period
prescribed
act
meet
requirements
due
process
instead
held
secretary
must
respond
within
hours
mine
operator
request
temporary
relief
immediate
cessation
order
find
aspects
district
reasoning
unpersuasive
cases
indicated
due
process
ordinarily
requires
opportunity
kind
hearing
prior
deprivation
significant
property
interest
see
parratt
taylor
boddie
connecticut
often
acknowledged
however
summary
administrative
action
may
justified
emergency
situations
see
pearson
yacht
leasing
boddie
connecticut
supra
ewing
mytinger
casselberry
fahey
mallonee
yakus
bowles
willingham
phillips
commissioner
north
american
cold
storage
chicago
question
whether
issuance
immediate
cessation
orders
falls
emergency
situation
exception
normal
rule
due
process
requires
hearing
prior
deprivation
property
right
believe
immediate
cessation
order
provisions
reflect
congress
concern
devastating
damage
may
result
mining
disasters
represent
attempt
reach
accommodation
legitimate
desire
mining
companies
heard
submitting
administrative
regulation
governmental
interest
protecting
public
health
safety
environment
imminent
danger
protection
health
safety
public
paramount
governmental
interest
justifies
summary
administrative
action
indeed
deprivation
property
protect
public
health
safety
ne
oldest
examples
permissible
summary
action
ewing
mytinger
casselberry
supra
see
mackey
montrym
stewart
dissenting
north
american
cold
storage
chicago
supra
moreover
administrative
action
provided
immediate
cessation
orders
responds
situations
swift
action
necessary
protect
public
health
safety
precisely
type
emergency
situation
found
summary
administrative
action
justified
see
ewing
mytinger
casselberry
supra
north
american
cold
storage
chicago
supra
rather
taking
issue
principles
district
held
act
establish
sufficiently
objective
criteria
governing
issuance
summary
cessation
orders
disagree
judgment
criteria
established
act
secretary
implementing
regulations
specific
enough
control
governmental
action
reduce
risk
erroneous
deprivation
section
act
supp
iii
defines
threat
imminent
danger
health
safety
public
existence
condition
practice
easonably
expected
cause
substantial
physical
harm
persons
outside
permit
area
condition
practice
violation
abated
reasonable
expectation
death
serious
injury
abatement
exists
rational
person
subjected
conditions
practices
giving
rise
peril
expose
danger
time
necessary
abatement
fact
osm
inspectors
issued
immediate
cessation
orders
later
overturned
administrative
appeal
undermine
adequacy
act
criteria
instead
demonstrates
efficacy
review
procedures
relevant
inquiry
whether
cessation
order
issued
particular
case
whether
statutory
procedure
incapable
affording
due
process
yakus
possibility
administrative
error
inheres
regulatory
program
statutory
programs
authorizing
emergency
administrative
action
prior
hearing
exception
explained
ewing
mytinger
casselberry
discretion
official
action
may
abused
yet
requirement
due
process
judicial
inquiry
discretion
exercised
sufficient
property
rights
concerned
stage
opportunity
hearing
judicial
determination
also
conclude
district
erred
reducing
statutorily
prescribed
time
period
secretary
response
requests
temporary
relief
first
place
period
statutory
maximum
indication
record
secretary
responded
respond
less
five
days
second
appellees
demonstrated
adversely
affected
response
period
particular
case
generally
unreasonable
addition
evidence
introduced
show
shorter
reply
period
administratively
feasible
circumstances
simply
basis
district
decision
substitute
judicial
policy
preference
scheme
adopted
congress
cf
vermont
yankee
nuclear
natural
resources
defense
council
accordingly
turn
district
holding
sections
act
violate
fifth
amendment
due
process
clause
district
ruled
act
civil
penalty
provisions
comport
requirements
due
process
provisions
secretary
notify
recipient
notice
violation
cessation
order
proposed
amount
civil
penalty
assessed
supp
iii
section
operator
wishes
contest
either
amount
penalty
fact
violation
must
forward
proposed
amount
secretary
placement
escrow
account
escrow
requirement
met
operator
receives
full
adjudicatory
hearing
administrative
law
judge
right
appeal
administrative
board
judicial
review
final
decision
see
supp
iii
administrative
judicial
review
determined
violation
occurred
view
determined
violation
occurred
amount
proposed
penalty
reduced
appropriate
amount
must
promptly
refunded
operator
interest
supp
iii
challenging
act
civil
penalty
provisions
appellees
allege
one
civil
penalties
assessed
moreover
district
find
ruling
immediate
cessation
order
provisions
appellee
coal
mine
operators
affected
harmed
statutory
procedures
assessment
collection
fines
thus
record
cases
belies
suggestion
concrete
case
controversy
concerning
operation
provisions
circumstances
must
conclude
appellees
challenge
premature
improper
render
decision
claim
vi
examination
appellees
constitutional
challenges
surface
mining
act
persuades
us
act
vulnerable
challenge
accordingly
affirm
judgment
district
upholding
act
appellees
commerce
clause
attack
reverse
judgment
insofar
held
various
provisions
act
unconstitutional
cases
remanded
district
instructions
dissolve
injunction
issued
secretary
proceedings
consistent
opinion
ordered
briefs
amici
curiae
urging
affirmance
filed
state
alaska
et
al
wilson
condon
attorney
general
alaska
wayne
minami
attorney
general
hawaii
johnson
wong
deputy
attorney
general
david
leroy
attorney
general
idaho
steven
beshear
attorney
general
kentucky
william
guste
attorney
general
louisiana
gary
keyser
carmack
blackmon
assistant
attorneys
general
paul
douglas
attorney
general
nebraska
judy
hoffman
assistant
attorney
general
jeff
bingaman
attorney
general
new
mexico
jan
eric
cartwright
attorney
general
oklahoma
dennis
roberts
ii
attorney
general
rhode
island
mark
meierhenry
attorney
general
south
dakota
robert
hansen
attorney
general
utah
state
arizona
et
al
robert
corbin
attorney
general
arizona
wayne
minami
attorney
general
hawaii
johnson
wong
deputy
attorney
general
richard
bryan
attorney
general
nevada
larry
struve
chief
deputy
attorney
general
harry
swainston
deputy
attorney
general
allen
olson
attorney
general
north
dakota
ray
walton
special
assistant
attorney
general
james
brown
attorney
general
oregon
robert
hansen
attorney
general
utah
slade
gorton
attorney
general
washington
john
troughton
attorney
general
wyoming
state
illinois
tyrone
fahner
attorney
general
harvey
sheldon
state
texas
mark
white
attorney
general
john
fainter
first
assistant
attorney
general
richard
gray
iii
executive
assistant
attorney
general
justin
andrew
kever
assistant
attorney
general
coal
operators
associates
john
robert
leathers
joseph
zaluski
eugene
mooney
mountain
legal
foundation
roger
marzulla
national
coal
association
et
al
john
macleod
richard
mcmillan
pacific
legal
foundation
ronald
zumbrun
raymond
momboisse
eugene
mooney
george
seay
john
robert
leathers
filed
brief
pike
county
kentucky
amicus
curiae
footnotes
provisions
act
terms
made
effective
interim
period
one
example
supp
iii
prohibits
exceptions
surface
coal
mining
certain
lands
within
specified
distances
particular
structures
facilities
act
supp
iii
interim
standards
applicable
surface
mining
operations
regulating
surface
mining
act
became
law
surface
mining
conducted
private
lands
regulatory
programs
act
passed
accordingly
interim
program
became
applicable
relevant
areas
throughout
country
including
virginia
new
surface
mining
operations
excluding
federal
lands
indian
lands
commencing
february
must
comply
performance
standards
established
interim
regulatory
program
start
operations
certain
limited
exceptions
surface
mining
operations
begun
prior
february
required
compliance
interim
regulations
may
supp
iii
interim
regulations
challenged
district
district
columbia
pursuant
act
supp
iii
surface
mining
regulation
litigation
supp
surface
mining
regulation
litigation
supp
aff
part
rev
part
app
plaintiffs
district
columbia
litigation
also
challenged
validity
number
statutory
provisions
issue
instant
cases
district
sustained
validity
provisions
attack
renewed
appeal
congress
encouraged
assistance
providing
financial
reimbursements
actively
assist
federal
enforcement
effort
interim
phase
see
supp
iii
separate
regulatory
program
governing
federal
lands
established
act
supp
iii
term
federal
lands
defined
supp
iii
section
act
supp
iii
regulates
surface
mining
indian
lands
proposed
state
programs
submitted
february
months
act
passed
exercising
authority
secretary
extended
deadline
august
see
fed
reg
secretary
march
publication
permanent
regulations
occurred
seven
months
date
set
act
see
supp
iii
district
district
columbia
extended
deadline
submission
state
programs
including
march
permanent
surface
mining
regulation
litigation
civ
dc
july
see
also
fed
reg
announcing
conforming
changes
secretary
regulations
governing
submission
state
programs
exception
alaska
georgia
washington
surface
mining
either
conducted
expected
conducted
submitted
proposed
state
programs
secretary
march
secretary
made
initial
decisions
programs
three
programs
approved
approved
condition
agree
modifications
approved
part
disapproved
part
disapproved
state
legislatures
failed
enact
necessary
implementing
statutes
virginia
program
among
approved
part
disapproved
part
see
fed
reg
act
state
may
revise
plan
disapproved
whole
part
resubmit
secretary
within
days
initial
decision
virginia
citizens
better
reclamation
town
charles
intervened
defendants
support
secretary
plaintiffs
also
challenged
title
iv
act
supp
iii
establishes
reclamation
program
abandoned
mines
district
held
however
exercise
discretion
grant
ing
declaratory
judgments
provisions
title
supp
appeal
portion
district
judgment
due
process
clause
fifth
amendment
person
shall
deprived
life
liberty
property
without
due
process
law
tenth
amendment
powers
delegated
constitution
prohibited
reserved
respectively
people
compensation
clause
prohibits
taking
private
property
public
use
without
compensation
district
denied
secretary
motion
stay
pending
direct
appeal
time
issued
order
opinion
clarifying
modifying
earlier
order
app
juris
statement
pp
upon
secretary
application
issued
order
staying
district
judgment
pending
timely
filing
disposition
appeal
plaintiffs
appeal
portion
district
judgment
rejecting
equal
protection
substantive
due
process
challenges
act
jurisdiction
invoked
provides
direct
appeal
decision
invalidating
act
congress
suit
agencies
officers
employees
parties
also
agreed
hear
appeal
hodel
indiana
involves
similar
constitutional
challenges
different
provisions
surface
mining
act
also
decide
today
post
least
three
district
courts
considered
constitutional
challenges
provisions
surface
mining
act
concerned
citizens
appalachia
andrus
supp
ed
appeal
pending
district
upheld
act
face
challenges
similar
raised
plaintiffs
instant
case
star
coal
andrus
sd
iowa
appeal
dism
district
rejected
challenges
based
fifth
tenth
amendments
enjoined
act
enforcement
provisions
andrus
coal
supp
sd
ind
aff
district
rejected
commerce
clause
challenge
act
appellees
cite
cases
village
belle
terre
boraas
berman
parker
euclid
ambler
realty
property
clause
provides
congress
shall
power
dispose
make
needful
rules
regulations
respecting
territory
property
belonging
art
iv
cl
hearings
proposed
legislation
regulating
surface
coal
mining
began
surface
mining
reclamation
hearings
senate
committee
interior
insular
affairs
sess
three
years
later
additional
hearings
held
committees
house
senate
regulation
strip
mining
hearings
subcommittee
mines
mining
house
committee
interior
insular
affairs
sess
surface
mining
hearings
subcommittee
minerals
materials
fuels
senate
committee
interior
insular
affairs
sess
committees
reported
bills
consideration
respective
houses
house
passed
congress
adjourned
senate
act
measure
similar
bills
reintroduced
congress
hearings
held
regulation
surface
mining
operations
hearings
senate
committee
interior
insular
affairs
sess
regulation
surface
mining
hearings
subcommittee
environment
subcommittee
mines
mining
house
committee
interior
insular
affairs
sess
request
chairman
senate
committee
council
environmental
quality
prepared
report
entitled
coal
surface
mining
reclamation
environmental
economic
assessment
alternatives
comm
print
senate
committee
held
additional
hearings
consider
report
coal
surface
mining
reclamation
hearings
subcommittee
minerals
materials
fuels
senate
committee
interior
insular
affairs
sess
house
senate
committees
reported
bills
consideration
houses
congress
passed
bill
vetoed
president
ford
surface
mining
legislation
reintroduced
congress
senate
committee
held
hearing
administration
objections
bill
surface
mining
briefing
briefing
senate
committee
interior
insular
affairs
sess
committees
reported
bills
house
senate
passed
bill
reported
conference
committee
president
ford
vetoed
bill
protracted
congressional
endeavor
finally
bore
fruit
relevant
house
senate
committee
held
extensive
hearings
shortly
opening
congress
consider
bills
introduced
beginning
new
legislative
session
surface
mining
control
reclamation
act
hearings
subcommittee
public
lands
resources
senate
committee
energy
natural
resources
sess
senate
hearings
surface
mining
control
reclamation
act
hearings
subcommittee
energy
environment
house
committee
interior
insular
affairs
sess
house
hearings
legislation
reported
houses
passage
chambers
followed
lengthy
floor
debate
cong
rec
conference
committee
report
issued
july
conf
floor
debate
houses
agreed
bill
recommended
conferees
cong
rec
president
carter
signed
act
law
august
legislative
history
act
summarized
pp
pp
see
also
note
rev
appellees
contend
surface
mining
enhances
rather
diminishes
utility
land
areas
virginia
congress
however
made
contrary
findings
sufficient
purpose
judicial
review
congress
rational
basis
concluding
see
kleppe
new
mexico
carolene
products
see
byrd
bethlehem
steel
train
sierra
club
epa
app
cert
denied
district
columbia
train
app
vacated
remanded
grounds
sub
nom
epa
brown
ashland
oil
transportation
pennsylvania
epa
south
terminal
epa
bishop
processing
supp
md
aff
cert
denied
section
supp
iii
defines
steep
slope
slope
twenty
degrees
lesser
slope
may
defined
regulatory
authority
consideration
soil
climate
characteristics
region
state
term
approximate
original
contour
defined
surface
configuration
achieved
backfilling
grading
mined
area
reclaimed
area
including
terracing
access
roads
closely
resembles
general
surface
configuration
land
prior
mining
blends
complements
drainage
pattern
surrounding
terrain
highwalls
spoil
piles
eliminated
supp
iii
section
supp
iii
establishes
separate
variance
procedure
mountaintop
mining
operations
reasoned
although
act
allows
state
elect
regulatory
program
choice
purportedly
given
choice
state
program
must
comply
federally
prescribed
standards
basis
evidence
presented
trial
found
postmining
restoration
steep
slopes
approximate
original
contour
economically
infeasible
physically
impossible
noted
provisions
particularly
affect
virginia
coal
reserves
located
lands
indicated
several
coal
mine
operators
forced
shut
unable
comply
act
requirements
adverse
consequences
economies
various
towns
counties
dependent
coal
mining
also
found
need
level
land
countries
virginia
coal
fields
concluded
act
reclamation
provisions
prevent
land
use
planning
state
ibid
finally
found
restoration
mined
land
original
contour
diminish
value
land
value
level
land
value
land
order
opinion
accompanying
denial
secretary
request
stay
judgment
pending
appeal
see
supra
district
explained
injunction
enforcement
standards
intended
allo
spoil
placed
downslope
uncontrolled
manner
stated
ny
downslope
spoil
placement
shall
controlled
manner
meeting
environmental
protection
standards
specified
regulatory
authority
app
national
league
cities
expressly
left
open
question
whether
different
results
might
obtain
congress
seeks
affect
integral
operations
state
governments
exercising
authority
granted
sections
constitution
spending
power
art
cl
fourteenth
amendment
fitzpatrick
bitzer
upheld
congress
power
fourteenth
amendment
authorize
private
damages
actions
state
governments
discrimination
employment
explained
amendment
adopted
specific
purpose
limiting
state
autonomy
constitutional
principles
federalism
restrict
congressional
power
invade
state
autonomy
congress
legislates
fourteenth
amendment
similarly
city
rome
held
tenth
amendment
places
restrictions
congressional
power
enforce
civil
war
amendments
appropriate
legislation
demonstrating
three
requirements
met
however
guarantee
tenth
amendment
challenge
congressional
commerce
power
action
succeed
situations
nature
federal
interest
advanced
may
justifies
state
submission
see
fry
reaffirmed
national
league
cities
usery
see
also
blackmun
concurring
see
helsley
upholding
airborne
hunting
act
friends
earth
carey
upholding
clean
air
act
et
seq
supp
iii
cert
denied
sierra
club
epa
app
upholding
clean
water
act
et
seq
cert
denied
see
supra
significant
commonwealth
virginia
presses
tenth
amendment
challenge
act
simply
another
regulator
surface
coal
mining
whose
regulatory
program
displaced
federal
law
indicated
text
tenth
amendment
concerns
situations
holding
disposes
contention
appellees
various
amici
surface
mining
act
unconstitutional
presumes
existence
federal
police
power
stated
authority
federal
government
interstate
commerce
differ
extent
character
retained
intrastate
commerce
darby
quoting
rock
royal
remaining
justification
asserted
district
tenth
amendment
ruling
one
appellees
urge
mining
requirements
harm
virginia
economy
destroy
taxing
power
towns
counties
commonwealth
regard
may
influenced
discussion
national
league
cities
likely
effects
challenged
regulations
finances
state
local
governments
national
league
cities
usery
made
clear
determinative
factor
case
nature
federal
action
ultimate
economic
impact
moreover
even
true
act
requirements
measurable
impact
virginia
economy
kind
effect
standing
alone
insufficient
establish
violation
tenth
amendment
oklahoma
atkinson
rejected
assertion
adverse
impact
state
local
economies
barrier
congress
exercise
power
commerce
clause
regulate
private
activities
affecting
interstate
commerce
persuaded
compelling
reasons
presented
instant
cases
reversing
position
assumed
district
correctly
held
landuse
regulation
integral
governmental
function
term
used
national
league
cities
resolution
tenth
amendment
challenge
act
makes
unnecessary
us
decide
whether
actually
case
district
acknowledged
existence
statutory
procedure
requesting
variances
provisions
suggested
statutory
requirement
highwalls
reclaimed
mining
cuts
completely
covered
makes
variance
procedure
meaningless
mine
operators
conclusion
premature
see
infra
certain
specified
exceptions
subject
valid
existing
rights
prohibits
surface
mining
operations
national
parks
forests
adversely
affect
publicly
owned
parks
places
included
national
register
historic
sites
supp
iii
also
prohibits
surface
mining
within
feet
cemetery
public
road
within
feet
occupied
dwelling
public
building
school
church
community
institutional
building
public
park
sections
become
applicable
permanent
phase
regulatory
program
require
establishment
procedures
designating
particular
lands
unsuitable
surface
mining
supp
iii
district
ruling
latter
provisions
effect
unconstitutional
taking
private
property
puzzling
stand
since
provisions
come
effect
permanent
phase
act
regulatory
program
applied
appellees
private
landowner
virginia
circumstances
justiciable
case
controversy
regard
sections
act
see
public
workers
mitchell
although
prohibits
surface
coal
mining
certain
areas
appellees
taking
challenge
provision
premature
first
appellees
made
showing
district
tracts
land
affected
provision
second
face
deprive
owners
land
within
reach
economically
viable
use
land
since
proscribe
nonmining
uses
land
third
restrictions
expressly
made
subject
valid
existing
rights
appellees
contend
exception
applies
specific
surface
mining
operations
required
permits
issued
prior
august
effective
date
act
brief
virginia
surface
mining
reclamation
association
et
al
interpretation
exception
compelled
either
statutory
language
legislative
history
see
apparently
based
cfr
regulation
promulgated
secretary
regulation
however
remanded
secretary
reconsideration
district
district
columbia
permanent
surface
mining
regulation
litigation
erc
appeals
pending
et
al
cadc
secretary
ask
appeals
review
portion
district
judgment
district
found
level
land
areas
virginia
worth
per
acre
landowners
presumably
retain
option
simply
leveling
land
without
first
mining
coal
moreover
flat
benchland
truly
valuable
found
financial
impediment
flat
areas
sites
old
mining
operations
areas
restored
stabilized
manner
required
act
district
conclusion
variance
procedure
offer
meaningful
opportunity
administrative
relief
premature
appellees
identify
instance
statutory
obligation
cover
highwall
prevented
mine
operator
taking
advantage
variance
procedure
although
conclude
mere
enactment
act
effect
taking
private
property
holding
preclude
appellees
coal
mine
operators
attempting
show
applied
particular
parcels
land
act
secretary
regulations
effect
taking
even
alleged
taking
unconstitutional
unless
compensation
unavailable
see
duke
power
carolina
environmental
study
group
regional
rail
reorganization
act
cases
larson
domestic
foreign
commerce
secretary
determines
violation
act
permit
condition
entail
serious
threat
must
issue
notice
violation
fixing
reasonable
time
abatement
supp
iii
violation
abated
within
prescribed
period
secretary
must
immediately
order
total
partial
cessation
offending
mining
operation
supp
iii
cessation
orders
automatically
expire
days
unless
public
hearing
held
site
within
reasonable
proximity
site
viewings
site
conducted
course
public
hearing
district
january
supplemental
order
opinion
see
supra
explained
injunction
apply
immediate
cessation
orders
issued
pursuant
mine
operators
failed
abate
violations
within
time
period
specified
notice
violation
app
legislative
history
indicates
congress
viewed
secretary
power
issue
immediate
cessation
orders
critical
measure
primarily
intended
avert
possible
occurrence
disasters
buffalo
creek
flood
see
pp
pp
buffalo
creek
flood
caused
sudden
collapse
coal
mine
waste
impoundment
dam
near
buffalo
creek
va
flood
left
persons
dead
rendered
persons
homeless
see
secretary
regulations
define
significant
imminent
environmental
harm
following
terms
environmental
harm
adverse
impact
land
air
water
resources
resources
include
limited
plant
animal
life
environmental
harm
imminent
condition
practice
violation
exists
causing
harm
may
reasonably
expected
cause
harm
time
end
reasonable
abatement
time
set
section
act
environmental
harm
significant
harm
appreciable
immediately
reparable
cfr
different
case
might
presented
pattern
abuse
arbitrary
action
discernible
review
agency
administration
summary
procedure
although
district
sought
characterize
osm
record
issuing
cessation
orders
terms
showing
three
cessation
orders
overturned
administrative
appeal
far
sufficient
establish
pattern
abuse
arbitrary
action
however
penalties
finally
imposed
alleged
offender
provided
opportunity
public
hearing
section
provides
civil
penalty
shall
assessed
secretary
person
charged
violation
given
opportunity
public
hearing
supp
iii
chief
justice
concurring
agree
largely
justice
rehnquist
said
fictions
concerning
delegation
gradual
expansion
reach
commerce
clause
agree
fully
view
often
seem
forget
doctrine
laws
enacted
congress
commerce
clause
must
based
substantial
effect
interstate
commerce
however
join
opinions
cases
acknowledges
reaffirms
doctrine
see
ante
opinion
applies
also
hodel
acting
secretary
interior
et
al
indiana
et
post
justice
powell
concurring
surface
mining
act
mandates
extraordinarily
intrusive
program
federal
regulation
control
land
use
land
reclamation
activities
normally
left
state
local
governments
decisions
many
years
make
clear
commerce
clause
congress
power
enact
legislation
act
affect
seriously
owners
lessees
land
coal
seven
westernmost
counties
virginia
federal
government
required
fifth
amendment
pay
compensation
taking
private
property
public
use
see
san
diego
gas
electric
city
san
diego
brennan
dissenting
whether
taking
amount
compensation
questions
decided
specific
cases
agins
tiburon
kaiser
aetna
agree
therefore
premature
consider
cases
questions
compensation
clause
ante
appellees
identified
specific
property
alleged
taken
decision
thus
confined
holding
act
respect
facially
unconstitutional
ante
taking
issue
remains
available
may
litigated
owner
lessee
whose
property
interest
adversely
affected
enforcement
act
add
word
area
virginia
affected
act
location
topography
geology
highly
relevant
understanding
taking
question
bituminous
coal
virginia
valuable
natural
resource
found
region
marked
steep
mountain
slopes
sharp
ridges
massive
outcrops
rock
narrow
valleys
conditions
severely
limit
alternative
uses
land
thin
soil
rugged
terrain
land
natural
state
suited
agricultural
use
growing
merchantable
timber
value
lies
instances
solely
coal
mining
coal
major
industrial
activity
otherwise
impoverished
area
virginia
number
act
provisions
appear
written
little
comprehension
potential
effect
rugged
area
example
requirement
areas
restored
approximately
original
contours
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virginia
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claims
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join
opinion
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course
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cost
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goals
act
taking
question
considered
justice
brennan
three
justices
joined
reached
majority
agins
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determination
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rather
single
owner
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bear
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state
power
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interest
district
found
mining
coal
billion
per
year
industry
commonwealth
said
perhaps
frivolously
bootlegging
second
remunerative
activity
part
state
justice
rehnquist
concurring
judgment
illuminating
purposes
reflection
argument
note
one
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fictions
federal
system
congress
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powers
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people
manner
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clause
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clear
people
delegated
authority
congress
regulate
commerce
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art
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easily
get
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system
exists
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commerce
clause
broad
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years
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simply
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commerce
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wheat
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power
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commerce
articles
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use
destined
may
conceive
injurious
public
health
morals
welfare
even
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state
sought
regulate
use
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shreveport
rate
case
upheld
action
congress
regulating
rates
intrastate
railroads
reasoning
commerce
power
included
power
control
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close
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traffic
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rejected
notion
certain
kinds
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knight
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congress
may
regulate
labor
relations
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plant
work
stoppage
plant
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effect
upon
interstate
commerce
wickard
filburn
expanded
scope
commerce
clause
include
regulation
acts
taken
alone
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economic
effect
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wheat
farmer
production
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also
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class
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reach
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commentator
recent
years
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relied
upon
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effect
principle
constitutional
justification
civil
rights
legislation
certain
criminal
statutes
regulatory
measures
affecting
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foods
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registration
law
drug
producers
case
congressional
stressed
regulation
local
incidents
activity
necessary
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evil
affecting
national
commerce
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american
constitutional
law
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holdings
cases
broad
dicta
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contained
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constitutional
limits
power
congress
regulate
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clause
chief
justice
hughes
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government
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everywhere
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forces
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exclusion
forces
oppose
counteract
end
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system
mining
agriculture
manufacture
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commerce
considered
yet
relationship
commerce
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need
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relation
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power
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concurring
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motion
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opinions
cases
consistent
approach
virginia
indiana
cases
exhaustively
analyzes
congress
articulated
justifications
exercise
power
commerce
clause
concludes
congress
detailed
factual
findings
effect
surface
mining
interstate
commerce
sufficient
justify
exercise
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doubt
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authority
nth
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judgments
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says
cases
asserts
regulation
upheld
congress
rational
basis
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regulated
activity
affects
interstate
commerce
virginia
surface
mining
ante
indiana
post
takes
statement
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motel
view
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test
noted
long
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reach
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merely
affects
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commerce
must
instead
showing
regulated
activity
substantial
effect
commerce
see
nlrb
jones
laughlin
steel
supra
shreveport
rate
cases
wickard
filburn
local
activity
may
reached
congress
exerts
substantial
economic
effect
interstate
commerce
north
american
sec
congress
may
attack
evil
bears
substantial
relationship
interstate
commerce
recently
maryland
wirtz
justice
harlan
stressed
either
wickard
declared
congress
may
use
relatively
trivial
impact
commerce
excuse
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regulation
state
private
activities
even
heart
atlanta
motel
paragraph
prior
passage
relied
emphasized
congress
power
regulate
local
activities
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substantial
harmful
effect
upon
commerce
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believe
errs
statement
test
may
read
much
choice
language
virginia
case
example
mention
one
point
congress
rational
basis
concluding
surface
coal
mining
substantial
effects
interstate
commerce
ante
sum
difficulty
recent
commerce
clause
jurisprudence
often
seems
forget
legislation
enacted
congress
subject
two
different
kinds
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enacted
subject
one
kind
challenge
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congress
may
act
manner
prohibited
provision
constitution
congress
must
show
activity
seeks
regulate
substantial
effect
interstate
commerce
uncertainty
whether
intends
broaden
language
test
leads
concur
judgments
opinion
applies
also
hodel
acting
secretary
interior
et
al
indiana
et
post
course
power
congress
regulate
established
rarely
question
manner
power
exercised
railroad
retirement
bd
fritz
within
sphere
authority
power
congress
broad
rarely
subject
judicial
invalidation
question
contrast
whether
congress
even
authority
act