Abuse of the Surface Mining Act: a continuing story

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

OSTI ID:5812733

Galloway, L T; FitzGerald, T J

The Surface Mining Control and Reclamation Act (SMCRA) of 1977 exempted certain extractive activities and types of coal, and these exemptions have led to a variety of abuses. The authors detail these abuses, with an emphasis on the two acre exemption, the 16 2/3 exemption when coal does not exceed that level of the total mining activities of the operation, and the on-site construction exemption. They also address the problems associated with the lesser standards applied to coal exploration activities. The use of these exemptions is on the increase. There is evidence that over 5000 mines remain unreclaimed since the Act pased. States such as Kentucky and Virginia have played an active, and sometimes willing, role in aiding these abuses or tacitly allowing them to continue on grounds of inadequate personnel, fear of state legislatures, poor management, and other excuses.

• Research Organization: Galloway and Greenburg, Washington, DC
• OSTI ID: 5812733
• Journal Information: W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 87:3; ISSN WVLRD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
011000* -- Coal
Lignite
& Peat-- Reserves
Geology
& Exploration
017000 -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ABANDONED SITES
COAL MINING
ENFORCEMENT
ENVIRONMENTAL IMPACTS
IMPLEMENTATION
LAND RECLAMATION
LAWS
LEGAL ASPECTS
MINING
MINING LAWS
STATE GOVERNMENT
SURFACE MINING ACTS