Subsidence regulation under the Surface Mining Control and Reclamation Act of 1977

Journal Article · Thu Jan 01 04:00:00 EST 1987 · J. Miner. Law Pol.; (United States)

OSTI ID:6685963

Hunt, D K; Jones, D E

Coal mining continues to be the major cause of surface damage from subsidence. From a technical standpoint, there are too many variables and technical uncertainties to allow a precise prediction of when, how, and to what extent subsidence will occur. These uncertainties complicate the development and application of rules, laws, and regulations. Common law has been the main method of state regulation, but the environmental movement of the 1970s increased pressure for a comprehensive federal response because common law protection was proving ineffective. This led to the Surface Mining Control and Reclamation Act (SMCRA) of 1977, which the authors review from its passage through the application of subsequent regulations now under test in federal courts. While SMCRA may not be a cure worse than the disease, it is likely to be several more years before litigation subsides.

• Research Organization: Pfeiffer, Thomas, and Hunt, Lexington, KY
• OSTI ID: 6685963
• Journal Information: J. Miner. Law Pol.; (United States), Journal Name: J. Miner. Law Pol.; (United States) Vol. 2:1; ISSN JMLPE
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
010900* -- Coal
Lignite
& Peat-- Environmental Aspects
017000 -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
GROUND SUBSIDENCE
IMPLEMENTATION
LAWS
LEGAL ASPECTS
MINING
MINING LAWS
SURFACE MINING
SURFACE MINING ACTS