Federal regulation of the use of non-federal lands - a balancing of interests: Hodel v. Virginia Surface Mining and Reclamation Ass'n

Journal Article · Sat Jan 01 04:00:00 EST 1983 · J. Energy Law Policy; (United States)

OSTI ID:7182076

Ellinwood, S R

The Surface Mining Control and Reclamation Act of 1977 (Act) established a nationwide and comprehensive federal program for mitigating the adverse environmental effects of surface mining of coal. A review of interim regulations and Court decisions focuses on the federal preemption of state authority. Arguments presented in the National League of Cities case will probably lead the Court to employ the Virginia Surface Mining test. Even if the Court finds that the Public Utility Regulatory Policies Act fits the Virginia Surface Mining tripartite test, it may still uphold the Act if it finds that the federal interest in energy conservation is demonstrably greater than the state interest in public utilities regulation. 42 references.

• OSTI ID: 7182076
• Journal Information: J. Energy Law Policy; (United States), Journal Name: J. Energy Law Policy; (United States) Vol. 3:2; ISSN JELPE
• 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
290300 -- Energy Planning & Policy-- Environment
Health
& Safety
510600 -- Environment
Terrestrial-- Regulations-- (-1989)
54 ENVIRONMENTAL SCIENCES
CASE LAW
IMPLEMENTATION
LAND RECLAMATION
LAWS
LEGAL ASPECTS
MINING LAWS
REGULATIONS
SURFACE MINING ACTS