States make the Surface Mining Control and Reclamation Act work

Journal Article · · W.Va. Law Rev.; (United States)

OSTI ID:5376514

Christensen, J D

Despite some problems, the Surface Mining Control and Reclamation Act (SMCRA) is working because the states, together with the coal industry and the Office of Surface Mining Reclamation and Enforcement (OSMRE) are resolving those problems. As evidence, the author cites the level of new permits which meet compliance requirements and the amount of reclamation that is taking place. Problems continue with two acre abuses, civil penalty collection, and cases involving huge penalties. The solution is for OSMRE to increase its efforts to help the states, which are the primary regulators. Incentives to make the program more effective include awards for superior performance and tailoring federal oversight to state performance. OSMRE could increase training for both state and OSMRE personnel, establish management-by-objective plans, and provide management information to states. Tools for ensuring compliance could include placing conditions on or withholding grants and public attention.

• Research Organization: Office of Surface Mining Reclamation and Enforcement, Washington, DC
• OSTI ID: 5376514
• Journal Information: W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 88:3; ISSN WVLRD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
010900* -- Coal
Lignite
& Peat-- Environmental Aspects
017000 -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ADMINISTRATIVE PROCEDURES
COMPLIANCE
ENFORCEMENT
FINANCIAL INCENTIVES
LAND RECLAMATION
LAWS
LEGAL INCENTIVES
MANAGEMENT
MINING LAWS
NATIONAL ORGANIZATIONS
PROGRAM MANAGEMENT
STATE GOVERNMENT
SURFACE MINING ACTS
US DOI
US ORGANIZATIONS