In re Surface Mining Regulation Litigation’s Empirical Analysis
1980
Citation profile
2 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 30 U.S.C. § 1201 (Abandoned Mine Reclamation Act of 1990) · 30 U.S.C. § 1202 · 30 U.S.C. § 1211 · 30 U.S.C. § 1251 · 30 U.S.C. § 1252 · 30 U.S.C. § 1253 · 30 U.S.C. § 1254
Relies on Universal Camera Corp. v. National Labor Relations Board · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Moore v. City of East Cleveland · Atlas Roofing Co. v. Occupational Safety & Health Review Commission · Duplex Printing Press Co. v. Deering
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“so he is not required to insert identical provisions into the interim regulatory program under the Surface Mining Act. (Br. for Appellee (Secretary of the Interior) at 67-69) Although the issue is not clear, to the extent that EPA affords an exemption to surface mining operations for pollutants already in water when it comes onto the mine site, such a provision must be incorporated into sections 715.17(a) and 717.17(a) of the interim regulations so as to fulfill the mandate of section 702(a)(3) of the Surface Mining Act that the Federal Water Pollution Control Act not be”
1 later decision quote this exact passage · from the majority“the arbitrary and capricious standard of review that section 526(a) of the Act, 30 U.S.C. § 1276(a), directs it to employ; and that, given the significant effect of the maximum peak particle velocity regulation on the surface mining industry and the total absence of support for the one inch per second limit embraced by the Secretary, we must reverse the District Court and invalidate section 715.19(e)(2)(ii) of the interim regulations. The Surface Miners also allege that”
1 later decision quote this exact passage · from the majority“is approved by the Secretary, that state assumes the responsibility for issuing mining permits and for enforcing the provisions of its regulatory program. However, if a state fails to submit a proposed program, fails to resubmit an acceptable program within sixty days after disapproval of its proposed program, or at any time fails to implement, enforce, or maintain an approved program in accordance with the Act, the Secretary is directed to prepare and implement a”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.