ELR Citation: ELR 20710
No(s). 82-5141 (6th Cir. Jul 20, 1983)

The court rules that the penalty prepayment provisions of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA) do not violate Fifth Amendment due process requirements. Section 518(c) requires prepayment of penalties into escrow as a condition of administrative review of SMCRA penalty assessment. The court holds that because the property interest at stake is small, the risk of erroneous deprivation slight, and the government interest substantial, there is no violation of due process.

Counsel for Appellant
Dan Jack Combs
Combs & Lester
207 Caroline Ave., Pikesville KY 41501
(606) 437-6218

Counsel for Appellees
W. Lawrence Wallace, Christopher Harris
land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2977

Louis G. DeFalaise, U.S. Attorney
P.O. Box 1490, Lexington KY 40591
(606) 233-2661

Before: ENGEL and CONTIE, Circuit Judges; SWYGERT, Senior Circuit Judge.^*