ELR Citation: ELR 20244
No(s). 81-5125 (6th Cir. Nov 9, 1982)

The Sixth Circuit affirms the district court's ruling, issued pursuant to §521(c) of the Surface Mining Control and Reclamation Act (SMCRA), directing a coal company and its agent to comply with an order issued by the Secretary of the Interior to remedy an imminent and hazardous danger to the public. The court holds that appellants do not qualify for a statutory exclusion applicable to mining operations affecting two acres or less since appellants' operations actually affected 2.89 acres. Next, it holds that a district court may impose affirmative remedial obligations upon an agent of the permittee under §521(c) of SMCRA and that an agency relationship existed between Dix Fork and its corporate agent within the meaning of SMCRA. The court rules that the district court acted within the bounds of §521(c) when it imposed personal liability on the agent because appellee had advised the agent personally that his proposed actions violated the Act. The court rejects the agent's contention that he was not afforded adequate notice, holding instead that although not named in the cessation order or notice of violation, he attended all administrative proceedings and received as much notice as the company.

Counsel for Appellants
Forrest Cook, J. L. Roark
Cook & Taylor
P.O. Box 909, Whitesburg KY 41858
(606) 633-9351

Counsel for Appellee
Courtney Shea
Office of Field Solicitor
Department of the Interior, P.O. Box 15006, Knoxville TN 37901
(615) 523-9331

Before: LIVELY and KRUPANSKY, Circuit Judges; and BROWN, Senior Circuit Judge.