ELR Citation: ELR 21488
No(s). 2-87-0055 (M.D. Tenn. Dec 2, 1987)

The court rules that a person who fails to obtain a required permit under the Surface Mining Control and Reclamation Act (SMCRA) is a "permittee" subject to a civil enforcement action under SMCRA §521(c). While SMCRA §701(18) defines a permittee as a person holding a permit, the Office of Surface Mining's (OSM's) regulations define a permittee as a person holding or required to hold a permit. The court holds that the regulatory definition is consistent with SMCRA's purposes. Although defendant has reclaimed the illegally mined sites and cessation orders issued to defendant were terminated, the court enjoins defendant from conducting surface coal mining operations without a permit. Defendant's pattern of repeated violations demonstrates that OSM's authority to issue cessation orders has not deterred defendant from violating the Act.

Counsel for Plaintiff
Norman Acuff, B. Catherine Freels
U.S. Department of Interior
P.O. 15006, Knoxville TN 37901
(615) 673-4317

Counsel for Defendant
R. Bruce Ray
P.O. Box 969, Jamestown TN 38556
(615) 879-5858