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   Federal Courts - 4th Circuit Court of Appeals - March 13, 2007

  
W. Va. Highlands Conservancy, Inc. v. Kempthorne, No. 06-1596, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, March 13, 2007, Decided
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Overview: Interior Board of Land Appeals' decision to affirm Assistant Director of Office of Surface Mining's referral to state agency was proper under 5 U.S.C.S. § 706(2)(A) as neither Assistant Director nor Board was in a position to determine whether surface coal mine operator had complied with relevant regulations because state agency administered them.

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