91 STAT. 513
PUBLIC LAW 95-87—AUG. 3, 1977 the district in which the surface coal mining operation is located. In the case of a proceeding to review an order or decision issued by the Secretary under the penalty section of this Act, the court shall have jurisdiction to enter an order requiring payment of any civil penalty assessment enforced by its judgment. This availability of review established in this subsection shall not be construed to limit the operations of rights established in Section 520. (b) The court shall hear such petition or complaint solely on the record made before the Secretary. Except as provided in subsection (a), the findings of the Secretary if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct. (c) In the case of a proceeding to review any order or decision issued by the Secretary under this Act, including an order or decision issued pursuant to subparagraph (c) or (d) of section 525 of this title pertaining to any order issued under subparagraph (a)(2), (a)(3), or (a) (4) of section 521 of this title for cessation of coal mining and reclanuition operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if— (1) all parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) the person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the
- final determination of the proceeding; and
(3) such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. (d) The commencement of a proceeding under this section shall not, uidess specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary. (e) Action of the State regulatory authority pursuant to an approved State program shall be subject to judicial review by a court of competent jurisdiction in accordance with State law, but the availability of such review shall not be construed to limit the operation of the rights established in section 520 except as provided therein. SL'KCIAL B r r U M I N O U S COAL M I N E S
Jurisdiction,
Temporary relief,
Notice and hearing.
.,.
SEC. 527. (a) The regulatory authority is authorized to issue sep- Regulations. arate regulations for those special bituminous coal surface mines 30 USC 1277. located west of the 100th meridian west longitude which meet the following criteria: (1) the excavation of the specific mine pit takes place on the ., same relatively limited site for an extended period of time; . (2) the excavation of the specific mine pit follows a coal seam < having an inclination of fifteen degrees or more from the horizontal, and continues in the same area proceeding downward with ., lateral expansion of the pit necessary to maintain stability or as I necessary to accommodate the orderly expansion of the total minf: ing operation; (3) the excavation of the specific mine pit involves the mining „ of more than one coal seam and mining has been initiated on the deepest coal seam contemplated to be mined in the current operation; (4) the amount of material removed is large in proportion to the surface area disturbed: >.«>. -;.. -
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