ELR Citation: ELR 20156
No(s). 85-C-964-C (N.D. Okla. Aug 6, 1986)

The court rules that §520(a)(1) of the Surface Mining Control and Reclamation Act authorizes citizen suits against private or government operators that are in violation of a rule, regulation, order, or permit, but precludes suits against private operators that are in violation of the Act itself. The court therefore holds that it lacks jurisdiction over plaintiffs' suit against a coal company because there is insufficient evidence to establish that it is in violation of any rule, regulation, order, or permit.

[A related case appears at 17 ELR 20155.]

Counsel are listed at 17 ELR 20155.