Encouraging advances in mining and reclamation practices: an analysis of the experimental practices provision of the Surface Mining Control and Reclamation Act of 1977
One provision in the Surface Mining Control and Reclamation Act of 1977 which has managed to avoid serious scrutiny by courts, legislatures, or regulatory agencies is section 711, entitled ''Experimental Practices.'' This article examines the use of section 711 by focusing on an analysis of congressional intent and whether the departures were contemplated during the drafting of the Act. The subjectivity of its requirements has allowed the provision to evolve as a possible loophole in compliance with the Act's basic performance standards. The policies of the next administration and other external variables of the near future, such as the economy and unemployment, will be strong determinants of whether section 711 will blend or conflict with the overall purpose of the Act. The final burden of conforming the language of what constitutes valid experimental practices will fall on the courts. 129 references.
- Research Organization:
- Univ. of Kentucky, Lexington
- OSTI ID:
- 7083753
- Journal Information:
- W.Va. Law Rev.; (United States), Vol. 86:3
- Country of Publication:
- United States
- Language:
- English
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