Assessing abandoned-mining-land reclamation fees on coal
Coal operators and the Office of Surface Mining Reclamation and Enforcement (OSM) disagree on the interpretation of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 as it relates to reclamation fee assessments for abandoned sites. Federal courts in several states have addressed the issue and reached different conclusions, but the Supreme Court declined to resolve the conflict. The author reviews the legislative and court history in terms of the issue of what constitutes coal in assessing the fees. The author concludes that SMCRA's reclamation fees should not be broadened to include fees on non-coal materials (debris and excess moisture) by introducing the ambiguous term of coal produced.
- Research Organization:
- George Washington Univ., DC
- OSTI ID:
- 5994770
- Journal Information:
- W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 89:3; ISSN WVLRD
- Country of Publication:
- United States
- Language:
- English
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29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ABANDONED SITES
CASE LAW
CHARGES
COAL MINING
ENFORCEMENT
LAND RECLAMATION
LAWS
LEGAL ASPECTS
MINING
MINING LAWS
SURFACE MINING ACTS