Alabama Surface Mining Reclamation

WRIGHT, Presiding Judge This is an action under the Alabama Surface Mining Reclamation Act of 1975. Although repealed by Act No. 81-435, Acts of Alabama 1981, § 38, the Alabama Surface Mining Reclamation Act of 1975 (hereinafter the Act) is applicable here because it was in effect when the cause of action occurred. The Alabama Surface Mining Commission (hereinafter the Commission) appeals from a summary judgment entered against it by the Circuit Court of Marion County. The summary judgment was entered in favor of Commercial Standard Insurance Company (hereinafter Commercial Standard), discharging it from liability under a bond executed pursuant to the Act by C & I Coal Company and Commercial Standard.