ELR Citation: ELR 20752
No(s). 87-2366 (7th Cir. Mar 30, 1988)

The court holds that the Illinois regulations under the Surface Mining Control and Reclamation Act are partially valid and partially invalid. Though the Secretary of the Interior approved the Illinois regulations based on federal regulations, promulgated in 1983, governing valid existing rights, the federal regulations were subsequently invalidated in a court challenge. Consequently, the Secretary of the Interior must now reconsider his approval of the Illinois regulations under whatever regulations are currently in force. The court remands to the district court the question of whether Illinois regulations allowing it to defer decisions on whether specified land is unsuitable for surface mining, so that the district court can determine whether the issue is moot and, if necessary, rule on its merits. The court approves the Illinois regulations' definition of a complete application; although the definition is susceptible of two interpretations, the state has chosen an acceptable one, and the Secretary of the Interior has approved it. The court approves the portion of Illinois regulations requiring land to be restored to its approximate original contour, holding that the regulations require mine operators to match local terrain unless an exception is approved. The court approves the Illinois regulations' requirement that at least four feet of water cover coal left exposed, based on the Secretary of the Interior's and Illinois' interpretation that in practice this means at least 10 meters of water, and that this is enough to prevent the coal from forming sulfuric acid. Finally, the court upholds the portion of the Illinois regulations providing for the payment of attorney fees. Although the Illinois regulations are not identical to the comparable federal regulations, they serve the same compensatory purposes.

Counsel for Plaintiffs-Appellants
William Morris
Sonnemaker, Vespa & Morris
456 Fulton St., Suite 210, Peoria IL 61602
(309) 676-8748
Bradley O'Brien
Martin, Craig, Chester & Sonnenschein
55 W. Monroe, Suite 1200, Chicago IL 60603
(312) 368-9700

Counsel for Defendants-Appellees
Robert Wagner
1300 S. 8th St., Suite 1, P.O. Box 1858, Springfield IL 62705
(217) 528-5604
Robert Klarquist
9th & Pennsylvania Ave. NW, Washington DC 20530
(202) 633-4426

Counsel for Intervenor
G. Daniel Kelly Jr.
Ice, Miller, Donadio & Ryan
1 American Square, Box 82001, Indianapolis IN 46282
(317) 236-2100

Before POSNER, EASTERBROOK, and MANION, Circuit Judges.