Legal implications of coal mining subsidence: past litigation and prospects for the future

Technical Report · Fri Jan 01 04:00:00 EST 1982

OSTI ID:5667402

Goetzinger, J H

The mining of coal in the US has caused a great deal of surface land subsidence. The resultant economic losses have led to litigation by surface property owners. Although early court decisions established the right of a surface owner to have his property protected from subsidence, as mineral and surface rights became separated, the courts were forced to give less protection to surface owners to protect the rights of mineral owners. Because of the states' apparent inability to minimize subsidence damage, Congress passed the Surface Mining Control and Reclamation Act in 1977. The act enabled the Federal government to assist the states in controlling future subsidence. The regulations established under the act have been challenged by the coal industry and environmentalists, and not yet fully implemented. Even full implementation will not rule out legal challenges to the regulations, however. In the meantime, society is saddled with the dangers and costs of subsidence from past mining and the uncertainty of subsidence caused by future mining.

• Research Organization: Los Alamos National Lab., NM (USA)
• DOE Contract Number: W-7405-ENG-36
• OSTI ID: 5667402
• Report Number(s): LA-9089-MS; ON: DE82007879
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
017000* -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
CASE LAW
COAL MINING
GROUND SUBSIDENCE
LAWS
LEGAL ASPECTS
LIABILITIES
MINING
MINING LAWS
PLANNING
SURFACE MINING ACTS
VICTIMS COMPENSATION