In re Permanent Surface Mining Regulation Litigation
United States Court of Appeals for the District of Columbia Circuit
653 F.2d 514 (1981)
The Surface Mining Control and Reclamation Act of 1977 gave the Secretary of the Interior (the Secretary) oversight of state coal-mining regulatory programs, requiring the Secretary to find a state program adequate before approving it. Acting under the Act's general rulemaking grant, the Secretary issued regulations requiring more information in permit applications than the statute explicitly listed. Interested parties sued, arguing the Secretary lacked authority to regulate on that subject; the district court upheld the regulations, and the parties appealed.
Whether the Surface Mining Control and Reclamation Act's general rulemaking power allows the Secretary to establish regulatory requirements beyond those enumerated in the Act.