Two-acre exemption guidelines: are they are too stringent

Journal Article · Tue Jan 01 04:00:00 EST 1985 · J. Miner. Law Pol.; (United States)

OSTI ID:6988102

Watson, K B

Recent judicial scrutiny focuses on the Surface Mining Control and Reclamation Act (SMCRA) and regulations of the Office of Surface Mining (OSM) which redefine SMCRA's exemption for mining operations of two acres or less. A review of the statutory and current regulatory framework relevant to the exemption and an overview of recent judicial and administrative interpretations of the guidelines to see if the stringency of the OSM regulations exceed Congressional intent finds that Congress clearly expressed the need for reasonable regulation and enforcement of two-acre operations despite the financial burden. On the other hand, both large and small operations have repeatedly abused the exemption. This suggests the need for stricter enforcement without making regulation so inflexible that no exceptions are possible. The solution is criteria which exempt two-acre operations that can demonstrate no real or potential environmental or safety threat.

• OSTI ID: 6988102
• Journal Information: J. Miner. Law Pol.; (United States), Journal Name: J. Miner. Law Pol.; (United States) Vol. 1:1; ISSN JMLPE
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
017000* -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
294001 -- Energy Planning & Policy-- Coal
ADMINISTRATIVE PROCEDURES
CASE LAW
ENFORCEMENT
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
LAWS
LAWSUITS
LEGAL ASPECTS
MINING
MINING LAWS
SURFACE MINING
SURFACE MINING ACTS