, Congress envisioned a federal-state partnership.
Both sides were sounding off about the Bush Administration's proposal to allow mining within 100 feet of streams, a practice prohibited by the SMCRA
When Congress passed SMCRA
, the lawmakers required coal operators to put strip-mined land back the way they found it.
also expands the protection against eviction.
80) The SMCRA
requires restoration of a site after mining is complete in order to "to protect society and the environment from the adverse effects of surface coal mining operations.
Karpan stressed numerous times that SMCRA
is still a work in progress, but that she believes the mining industry has proven that it can process resources in an environmentally sound way.
, mine operators must reconstruct the land to its "approximate original contours" after strip mining.
THAT WAS PRECISELY THE QUESTION MEMBERS of Congress were asking when they passed the Surface Mining Control and Reclamation Act, SMCRA
(familiarly known as smack-ra), back in 1977.
I had the agent who had issued the permits read the relevant section of SMCRA
aloud to me.
For example, SMCRA
prohibits surface mining in alluvial valley floors but entities the owner of the deposit to compensation through an exchange of equally valuable federal coal.
Hedge, "From Coercion to Partnership in Federal Partial Preemption: SMCRA
, RCRA, and OSH Act," Publius: The Journal of Federalism 23 (Fall 1993): 107-121.
The court concluded that the enactment of the SMCRA
had a "devastating economic impact on plaintiff's property.