C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—INITIAL PROGRAM REGULATIONS › PART 722—ENFORCEMENT PROCEDURES

30 C.F.R. § 722.17

Inability to comply

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(a) Neither a notice of violation nor a cessation order issued under this part may be vacated because of inability to comply.

(b) A permittee may not be deemed to have shown good cause for not suspending or revoking a permit by showing inability to comply.

(c) Unless caused by lack of diligence, inability to comply may be considered in mitigation of the amount of a civil penalty under part 723 of this chapter and of the duration of the suspension of the permit under § 722.16 of this part.

Notes of Decisions
Cited in 1 case, 1978–1978 · leading case: In Re Surface Mining Reg. Litig., 456 F. Supp. 1301 (D.D.C. 1978).
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In Re Surface Mining Reg. Litig., 456 F. Supp. 1301 (D.D.C. 1978). “30 C.F.R. §§ 722.17 (a), (b). In its earlier opinion, this court found that “[t]hroughout the Act Congress made it clear that the only alternative that the operators had was to comply or not conduct operations.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.