ELR Citation: ELR 20862
No(s). 85-1060 (5th Cir. Jul 9, 1986)

The court holds that the Secretary of the Interior's refusal to designate an area as unsuitable for coal mining, on the grounds that the petitioner had not shown reclamation was technologically or economically infeasible, was not arbitrary or capricious. After initially observing that the arbitrary and capricious standard applies, the court holds that the Secretary, acting through the Office of Surface Mining, did not act arbitrarily and capriciously in declining to designate the area as unsuitable for surface or underground coal mining. He considered reclamation technologies that have been employed elsewhere, discounted one technology as cost prohibitive, and observed that ultimate economic feasibility will be considered by the permit applicant later.

Counsel for Plaintiff-Appellant
John R. Prager
Rt. 1, Box 766, Elgin TX 78621

Counsel for Defendants-Appellees
Albert M. Ferlo Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2774

Before Rubin and Politz, JJ.