Toward strict liability for abandoned mine drainage
This note examines ways to impose responsibility for abating the pollution caused by mine drainage. It describes coal mine drainage and control techniques, then examines abatement responsibility under the common law doctrine of public nuisance, the Surface Mining Control and Reclamation Act of 1977, the Federal Water Pollution Control Act, and the Resource Conservation and Recovery Act of 1976. More statutory and regulatory controls will probably be devised in the near future, given the serious problem such drainage poses and the lack of existing controls. It is also likely, given the trend apparent in the statutes and cases, that such controls will adopt rules of strict liability for abandoned mine drainage based on mere ownership of property. 175 references.
- OSTI ID:
- 6957830
- Journal Information:
- Ky. Law J.; (United States), Journal Name: Ky. Law J.; (United States) Vol. 71:1; ISSN KYLJA
- Country of Publication:
- United States
- Language:
- English
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017000 -- Coal
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29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ABANDONED SITES
ACID MINE DRAINAGE
COAL MINES
LEGAL ASPECTS
LIABILITIES
MINES
OWNERSHIP
POLLUTION
UNDERGROUND FACILITIES