Molinary v. Powell Mountain Coal Co.

ELR Citation: ELR 20359
No(s). 91-0007-B (W.D. Va. Sep 30, 1993)

The court holds that the citizen suit provisions of the Surface Mining Control and Reclamation Act (SMCRA) create a federal right-of-action in states with approved regulatory programs for landowners whose property was damaged by a coal company operating under a strip mining permit obtained in violat...