CITIZENS FOR RESPONSIBLE RESOURCE DEVEL. v. Watt

Decision Date11 January 1984
Docket NumberCiv. A. No. 82-530-N.
Citation579 F. Supp. 431
PartiesCITIZENS FOR RESPONSIBLE RESOURCE DEVELOPMENT, Plaintiff, v. James G. WATT, Secretary of the Interior, Defendant.
CourtU.S. District Court — Middle District of Alabama

COPYRIGHT MATERIAL OMITTED

L. Gilbert Kendrick, Montgomery, Ala., for plaintiff.

John C. Bell, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., Alfred T. Ghiorzi, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendant.

MEMORANDUM OPINION

HOBBS, District Judge.

This cause is now before the Court on the parties' cross-motions for summary judgment. The Alabama Surface Mining Commission has filed an amicus curiae brief in support of defendant's position. This action involves a challenge to defendant's approval of the Alabama Surface Mining Control and Reclamation Act of 1981, Ala.Code §§ 9-16-70, et seq. (Cum.Supp. 1982). Jurisdiction is vested in this Court to review the Secretary of Interior's approval of the Alabama program by virtue of 30 U.S.C. § 1276(a)(1).1 Plaintiff raises nine specific objections to the Secretary's approval of the Alabama program. For the reasons stated herein, the Court denies in part and grants in part the parties' crossmotions for summary judgment.

BACKGROUND

The Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201 et seq., (hereinafter referred to as the SMCRA), was passed pursuant to Congressional findings that many surface coal mining operations adversely affected the national welfare by

destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosions and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, ... and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources.
30 U.S.C. § 1201(c). Despite these and other undesirable effects that were found to be inherent in surface coal mining, Congress also found that surface coal mining was essential in order for this nation to meet its expanding energy needs. 30 U.S.C. § 1201(b). The SMCRA was enacted to advance simultaneously both of these national goals, recognizing that these goals are often at fundamental loggerheads with one another.

In addition, Congress declared that the primary responsibility for developing, implementing, and enforcing surface mining regulations should rest with the states "because of the diversity in terrain, climate, biologic, chemical, and other physical conditions in areas subject to mining operations...." 30 U.S.C. § 1201(f). Consequently, the SMCRA authorizes each state to formulate its own proposed regulatory program and submit it to the Secretary of Interior for his approval. 30 U.S.C. § 1253. The Secretary of Interior is empowered to approve the state program "if he finds it capable of carrying out the exacting provisions of the Act, and consistent with his own regulations." In re Permanent Surface Mining Regulation Litigation, 653 F.2d 514, 516 (D.C.Cir.), cert. denied, 454 U.S. 822, 102 S.Ct. 106, 70 L.Ed.2d 93 (1981), citing 30 U.S.C. § 1253. Section 503(a)(1) directs the Secretary to examine the proposed state program and ensure that its provisions are in accordance with the requirements of the SMCRA. 30 U.S.C. § 1253(a)(1). The Secretary has determined that the phrase "in accordance with" in section 1253(a)(1) should be interpreted as requiring the state provision to be "no less stringent than, meet the minimum requirements of and include all applicable provisions of the Surface Mining Control and Reclamation Act." 30 C.F.R. 730.5 (1981).

In 1980 Alabama submitted its permanent regulatory program to the Secretary for review. On October 16, 1980, the Secretary announced his disapproval of the Alabama program and specified the reasons for disapproval. On January 11, 1982, the State submitted its revised program for consideration. After a period of public comment and other administrative proceedings, the Secretary conditionally approved the Alabama program on May 20, 1982. See Alabama Surface Mining Control and Reclamation Act of 1981, (hereinafter referred to as ASMCRA), codified at Ala. Code §§ 9-16-70, et seq. (Cum.Supp.1982).

STANDARD OF REVIEW

Congress, in section 526(a)(1) of the SMCRA, clearly enunciated the standard by which this Court must review the Secretary's approval of the ASMCRA. "Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law." 30 U.S.C. § 1276(a)(1). In construing similar statutory language found in the Administrative Procedure Act, 5 U.S.C. § 706(2)(A), the Supreme Court observed:

Scrutiny of the facts does not end, however, with the determination that the Secretary has acted within the scope of his statutory authority. Section 706(2)(A) requires a finding that the actual choice made was not "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law ..." To make this finding the court must consider whether the decision was based on the relevant factors and whether there has been a clear error of judgment ... Although this inquiry into the facts is to be searching and careful, the ultimate standard of review is a narrow one. The court is not empowered to substitute its judgment for that of the agency.

Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 823, 28 L.Ed.2d 136 (1971).

FINDINGS OF THE SECRETARY WHICH PLAINTIFF CONTENDS WERE ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT WITH LAW.

FIRST CHALLENGE: Location of the Bond Release Public Hearing

Plaintiff asserts that Ala.Code § 9-16-89(k) (Cum.Supp.1982), which establishes that a bond release public hearing may be held at the objector's option in the area of the surface mining activity or at the location of the Regulatory Authority, is not in accordance with the pertinent provisions of the SMCRA. More precisely, plaintiff alleges that the SMCRA allows the objector the option of prosecuting his grievance either in the area of the surface mining activity or in the state capital, whereas the Alabama Act substitutes the location of the Regulatory Authority (Jasper) for the state capital (Montgomery) as one of the objector's two options. This Court cannot agree that the Secretary's approval of this provision of the Alabama Surface Mining Control and Reclamation Act was arbitrary, capricious, or the product of a clear error of judgment. Plaintiff would have this Court conclude that this section of the Alabama Act is "less effective" than the applicable provision in the SMCRA because it does not exactly "mirror" the federal provision. However, as defendant aptly states, the state programs need not "mirror" all provisions of the SMCRA and the corresponding regulations; rather, the states are free to formulate and implement programs which take into account the "diverse terrain, climate, biologic, chemical and physical conditions of that particular state." See 30 U.S.C. § 1201(f). This Court is aware that all surface mining operations in Alabama take place in twenty-one counties in North Alabama. The Regulatory Authority, where the technical staff and documents are located, is centrally located to this surface coal mining region. The Court agrees with defendant that by substituting the location of the Regulatory Authority for the state capital, the Alabama provision enhances effective public participation.

The Court is satisfied that the Secretary did not act arbitrarily, considered the relevant factors, and properly determined that Ala.Code § 9-16-89(k) was in accordance with and no less effective than 30 U.S.C. § 1269(f). The Court therefore denies the petition for vacation or modification of this provision of the Alabama Act.

SECOND CHALLENGE: Availability of the Hearing Transcript

Plaintiff contends that the Secretary's decision approving the Alabama provisions on the availability of transcripts of bond release hearings was arbitrary, capricious, and inconsistent with the SMCRA. More precisely, plaintiff notes that the Alabama statute, Ala.Code § 9-16-78(a) (Cum.Supp.1982) requires the Regulatory Authority to maintain a record of testimony given at the public hearings but does not require a transcript of the record to be made unless an appeal is sought. However, plaintiff argues that the counterpart provision in the SMCRA, 30 U.S.C. § 1269(h), mandates that a "verbatim record of each public hearing required by this chapter shall be made, and a transcript made available on the motion of any party or by order of the regulatory authority." Consequently, plaintiff claims that the Alabama provision is less stringent than and does not meet the minimum requirements of 30 U.S.C. § 1269(h); therefore, the Secretary's approval of the Alabama provision was arbitrary and capricious.

In support of Ala.Code § 9-16-78(a) (Cum.Supp.1982) and the accompanying regulations, the Secretary found the following:

The Secretary does not find that the language differences pointed out by the commenter render Alabama's provision less effective than the Federal requirement. Although section 9 of the Alabama SMCRA specifies that transcripts will only be made available upon appeal, Alabama's implementing regulation at section 10.120 provides much greater flexibility. Here, the transcript must be made available upon appeal or at the direction of the State Regulatory Authority. This discretionary authority, which "tracks" the Federal requirements, provides for reasonable access to transcripts without appeal, while at the same time, protecting the State Regulatory Authority from having to unnecessarily bear the cost of transcribing some hearing records.2

47 Fed.Reg....

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2 cases
  • Black Warrior River-Keeper, Inc. v. Drummond Co.
    • United States
    • U.S. District Court — Northern District of Alabama
    • May 7, 2019
    ...coal mining and reclamation operations" subject to certain statutory exceptions. Id. ; see Citizens for Responsible Resource Development v. Watt , 579 F. Supp. 431, 434 (M.D. Ala. 1983). The Alabama Surface Mining Commission (ASMC) was granted primacy under the SMCRA in May 1982. See Watt ,......
  • Black Warrior River-Keeper, Inc. v. Drummond Co.
    • United States
    • U.S. District Court — Northern District of Alabama
    • May 7, 2019
    ...and reclamation operations” subject to certain statutory exceptions. Id.; see Citizens for Responsible Resource Development v. Watt, 579 F.Supp. 431, 434 (M.D. Ala. 1983). The Alabama Surface Mining Commission (ASMC) was granted primacy under the SMCRA in May 1982. See Watt, 579 F.Supp. at ......

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