ELR Citation: ELR 20531
No(s). 81-2134 (D.D.C. Dec 29, 1982)

The court denies a motion for reconsideration of its decision, 13 ELR 20284, and orders the Secretary of the Interior to assess and collect mandatory civil penalties under the Surface Mining Control and Reclamation Act (SMCRA). The court first rules that although the Office of Surface Mining (OSM) has completed a program of penalty assessment, the case is not moot so long as there is some reasonable expectation that the wrong could be repeated. Second, the court rules that venue of the action is proper. Finally, the court rules that it was proper to enter judgment for the plaintiffs before motions for summary judgment were filed because all issues of law were thoroughly briefed and no issues of fact were present. The court permanently enjoins the Secretary and the Director of OSM to enforce the litigate sections of SMCRA and to file bimonthly compliance reports.

Counsel are listed at 13 ELR 20284 — Ed.