ELR Citation: ELR 20762
No(s). 80-10 (E.D. Ky. Mar 31, 1982)

The court upholds the constitutionality of §518(c) of the Surface Mining Control and Reclamation Act (SMCRA), which requires prepayment of penalties into escrow prior to an evidentiary hearing. Plaintiff's petition for review of the assessed penalties was dismissed for failure to comply with §518(c). Relying on two of its earlier decisions, the court rules that §518(c), in conjunction with other available administrative remedies, satisfies the procedural due process requirements of the Constitution. The court orders plaintiff to pay the penalty together with costs.

[The issues raised in this case are analyzed at 12 ELR 10071; cases raising similar issues are reported at 12 ELR 20662, 20755, and 20781 — Ed.]

Counsel for Plaintiff
Herman W. Lester
Combs & Lester
207 Caroline Ave., P.O. Drawer 551, Pikeville KY 41501
(606) 432-6218

Counsel for Defendants
Louis G. DeFalaise, U.S. Attorney
P.O. 1490, Lexington KY 40501
(606) 233-2661

Lois J. Schiffer
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2793