Court of Appeals for the Fourth Circuit October 5, 1978, Nos. 77-1994, 77-2111 (Treadway v. Califano)

HAYNSWORTH, Chief Judge:

Ordinarily, a court should apply the law as it exists at the time of decision. Bradley v. Richmond School Board, 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974). Newly enacted statutes usually are to be given effect in still pending judicial proceedings. But the Black Lung Benefits Reform Act of 1977, enacted on March 1, 1978, we conclude, is an exception to the rule.