of local conditions on federal lands and to incorporate approved state programs. 30 U.S.C. § 1273(a). This "state window provision" allows states to propose regulatory alternatives to federal standards when necessary to accommodate local requirements or local environmental or agricultural conditions. If the March 13, 1979 regulations remained in effect, the regulatory program sensitive to the diversity of federal lands would be violated.
C. The December 31, 1979 Rule is appropriate to accommodate state/federal cooperative agreements which were negotiated pursuant to Section 523(c) of The Act. When the Secretary promulgated the permanent federal lands program regulations, Utah, New Mexico, North Dakota, and Montana objected to the rulemaking on the grounds that the program preempted interim state regulation under Section 523(c). 30 U.S.C. § 1273(c). Under the December 31, 1979 Rule, promulgation of a federal lands program is not appropriate until after approval of a permanent state program or adoption of a federal program for that state. Implementation of the federal lands program prior to this schedule violates Congressional intent under Section 523(c) with respect to the continuation of interim state regulation under state/federal cooperative agreements.
In short, after carefully considering public comments on the proposed postponement of the effective date for operator compliance on federal lands
, the Secretary found that, at a minimum, the federal lands program must (1) incorporate all of the requirements of The Act, (2) take into consideration diverse physical and other characteristics of the federal lands, and (3) include the requirements of an approved state program. Further, the Secretary noted that these factors must be viewed in the context of other Congressional purposes, such as providing for (1) minimum national standards but not preempting more stringent state standards, (2) similar treatment of operators to assure that competition in commerce among sellers of coal will not be undermined, (3) cooperation between the states and the Secretary, (4) the orderly administration of a national program to regulate surface coal mining and reclamation operations, and (5) a smooth transition into the regulatory program. 44 Fed.Reg. 77441. In light of these factors, the Secretary postponed the effective date for operator compliance. In considering all of the circumstances, this Court finds that the Secretary's decision was reasonable and should be affirmed.
Thus, upon consideration of defendants' Motion for Summary Judgment, plaintiffs' Motion for Summary Judgment, the oppositions and replies thereto, oral argument, and the entire record in the case, it is by this Court this 19th day of September, 1980, hereby,
ORDERED, that defendants' Motion for Summary Judgment be, and the same hereby is, granted; and it is further,
ORDERED, that plaintiffs' Motion for Summary Judgment be, and the same hereby is, denied; and it is further,
ORDERED, that these actions are dismissed.