Western coal mining in the 1980s: a study in federal/state conflicts

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Nat. Resour. Lawyer; (United States)

OSTI ID:6529382

Israel, D H

Federal laws governing surface mining and land reclamation that are designed to preserve an area's surface and ground water resources often conflict with state laws and policies. This is particularly true for western coal mining, where Congress intends to preserve non-coal-mining uses of the land. A discussion of the legislative history and intent is followed by a description of hydrologic requirements and their areas of conflict. Several legal theories and strategies could be used to challenge federal law, but natural-resource lawyers can aid mining companies in minimizing regulatory impacts by helping them to understand the hydrologic issues and encouraging them to incorporate hydrologic considerations into their site decisions. Advice to mining operators includes making a thorough survey of the area before acquiring a reserve, making a comprehensive engineering and geological environmental impact study during the development planning, and keeping a complete record of the area's hydrology and biology for use in case of litigation. 123 references. (DCK)

• Research Organization: Dechert Price and Rhoads, Denver, CO
• OSTI ID: 6529382
• Journal Information: Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 13:3; ISSN NRLAD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
010900 -- Coal
Lignite
& Peat-- Environmental Aspects
29 ENERGY PLANNING, POLICY, AND ECONOMY
294000* -- Energy Planning & Policy-- Fossil Fuels
520500 -- Environment
Aquatic-- Site Resource & Use Studies-- (-1989)
54 ENVIRONMENTAL SCIENCES
COAL MINING
GROUND WATER
HYDROGEN COMPOUNDS
HYDROLOGY
LAND RECLAMATION
LAWS
LEGAL ASPECTS
MINING
MINING LAWS
NATIONAL GOVERNMENT
OXYGEN COMPOUNDS
RESOURCES
STATE GOVERNMENT
SURFACE WATERS
WATER
WATER RESOURCES