United States v. Kennedy
United States Court of Appeals for the Seventh Circuit
806 F.2d 111 (1985)
- Written by Miller Jozwiak, JD
Facts
Sam Kennedy (defendant) bought an abandoned coal mine for the purposes of reclaiming it and building a shopping center. There were large piles of refuse on the property. The refuse technically constituted coal under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) due to its contents. Kennedy removed the refuse and sold it to a power company, simply loading it onto trucks and never digging below the surface. The federal government eventually sent an inspector to the property. After Kennedy refused entrance, the federal government imposed a fine as well as reclamation fees for the removal of the coal. The federal government later sued for the fine and fees. Kennedy claimed that his activities did not constitute surface coal mining under the SMCRA and that the government therefore could not levy the fine or fees. The government disagreed, and the lower court sided with the government. Kennedy appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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