Then choose a Public Paper and the page will load for you. Initially, each violation carried a mandatory civil penalty that increased daily if operators did not comply. Further, inspection frequency was set at twice per year rather than monthly, as required by the permanent program. The coal operators disliked OSM even more and often attempted to play us and the states against each other. Moreover, the Act sets forth priorities for use of the fund money, and if the Secretary refuses to allocate funds to states that have problems of a higher priority than other states in which funds are being expended, the Secretary's refusal might be subject to a legal challenge.
Secure Connection Failed
To the extent that problems are regional in nature, the federal agency can and should tailor the rules to reflect that reality. Industry spokesmen thus have claimed that the harshness of the environmental restrictions, coupled with the numerous citizen suits that are expected to be encouraged by broad standing and attorney fees provisions, 37 "will result in no production until the late s. OSM can talk with the state and seek assurances that the state will improve its performance. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and these regulations. You may be trying to access this site from a secured browser on the server. When an inspector observes a violation he or she must cite the operator. National League of Cities v.
Abandoned Mine Land Funding
As discussed below, see infra text accompanying notes , OSM has assumed responsibility for all or part of the Oklahoma and Tennessee programs. The states would thus be relieved of the burden of regulation, but could retain, if they so desired, their own limited oversight. Dunlap said that advocacy groups also kept close communication with coalfield communities around the U. Montrie points out that most of the time the sanctity of private property was respected by both sides in the dispute. By utilizing duel enforcement and combining legal resources, the States and OSM together sent a clear message that it was unacceptable to socialize reclamation liabilities. While the Act seeks to prevent adverse water impacts, sufficient loopholes remain for mining in fragile areas.
The reclamation alone was valued at over five million dollars. Prior to designating Federal lands unsuitable for such mining, the Secretary shall consult with the appropriate State and local agencies. The processing plant includes, but need not be limited to, associated facilities: The current regulatory system fails to allow for any efficient transfer of knowledge among states with common problems and requires each state to develop high levels of expertise on a wide range of technical issues. I investigated many instances in which well-heeled coal operators who used contractors who had to deliver the coal they mined to them were claiming they had no responsibility for complying with SMCRA at these contract operations. In the next five or six years we're going to be replaced by a new generation. Congress also required that states establish a procedure so that other areas could be designated unsuitable for surface coal mining if the state regulatory authority determines reclamation is not technologically and economically feasible.