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Utah International, Inc. v. Watt: adjudicative or legislative hearing

Journal Article · · Ky. Law J.; (United States)
OSTI ID:6721827
Three lawsuits, later consolidated into one, grew out of a 1980 designation of certain areas of the Alton coal fields in southern Utah as unsuitable for surface coal mining under the Surface Mining Control and Reclamation Act of 1977. One of the issues raised by the case and by later unsuitability petition proceedings is the propriety of the legislative hearing provided by the regulations as opposed to an adjudicatory hearing. This Comment reviews the general legal principles of rulemaking and adjudication and describes the theory underlying the petition process. It indicates some problems in its practical application which Utah International, Inc. v. Watt serves to highlight. These include the stripping of UII of its property rights. 114 references.
OSTI ID:
6721827
Journal Information:
Ky. Law J.; (United States), Journal Name: Ky. Law J.; (United States) Vol. 72:1; ISSN KYLJA
Country of Publication:
United States
Language:
English