Preclusion under primacy: the effect of prior state determinations on federal oversight enforcement under the Surface Mining Control and Reclamation Act
Several years of experience with state primacy and federal oversight have introduced a number of legal issues, notably the interrelationship between prior state decision-making and federal enforcement authority. A review of the principles of preclusions shows that they apply under the Surface Mining Control and Reclamation Act (SMCRA) to bar the Office of Surface Mining (OSM) from taking enforcement action against an operator for a condition or practice which state authorities have previously judged was not a violation. As the courts have sought to make clear in the Drummond line of cases, Congress barred OSM from duplicative and inconsistent enforcement actions except where serious threats to public health and safety or to the environment demand it. The courts will need to step in if OSM becomes too zealous in pursuing remedies.
- Research Organization:
- Crowell and Moring, Washington, DC
- OSTI ID:
- 5487211
- 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
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ADMINISTRATIVE PROCEDURES
CASE LAW
DECISION MAKING
LAND RECLAMATION
LAWS
LEGAL ASPECTS
MINING LAWS
NATIONAL ORGANIZATIONS
RECOMMENDATIONS
REGULATIONS
STATE GOVERNMENT
SURFACE MINING ACTS
US DOI
US ORGANIZATIONS