3 Citing briefs
Southern Appalachian Mountain Stewards et al v. Jewell
Brief / Memorandum in Support re Counter MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment.
Filed June 30, 2017
Among other things, the IBLA “decides finally for the Department” administrative appeals involving “the conduct of surface coal mining under the Surface Mining Control and Reclamation Act of 1977.” 43 C.F.R. § 4.1(b)(2)(iii) (2017). Case 2:16-cv-00026-JPJ-PMS Document 17 Filed 06/30/17 Page 1 of 17 Pageid#: 324 -2- 30 U.S.C. § 1276(a)(2).
Yount v. Jewell et al
MOTION for Reconsideration re Order on Motion for Partial Summary Judgment
Filed April 3, 2013
Consistent with FLPMA’s dual purpose to reassert Congress’s withdrawal authority and rein in Executive withdrawal authority, FLPMA expressly repealed the Executive’s implied authority under Midwest Oil, and that “severing the legislative veto alone would effectively undo [its] carefully devised repeal by returning to the Secretary the sort of 4 Significantly, the IBLA’s recognition of Congress’s purpose in enacting FLPMA is tantamount to the Secretary’s own such recognition, as the IBLA “decides finally for the Department [of Interior] appeals to the head of the Department.” 43 C.F.R. § 4.1(b)(2). Case 3:11-cv-08171-DGC Document 135 Filed 04/03/13 Page 8 of 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 MOTION FOR RECONSIDERATION unfettered withdrawal authority that predated FLPMA and drove its enactment.”
Stratman v. Leisnoi Inc. et al
MEMORANDUM Federal Defendant Kempthorne's Memorandum on the Merits of the Secretary's Decision that Congress has Ratified Leisnoi's Eligibility as a Native Village Under the Alaska Native Claims Settlement Act
Filed April 27, 2007
2(a)(5) Normally, a decision by the IBLA constitutes final agency action by the Department of the Interior. 43 CFR § 4.1(b)(3). However, the Interior Department regulations make an exception with regard to decisions about village eligibility decisions.