Law Commons^™

Surface Mining In Kentucky, Carolyn S. Bratt

Law Faculty Scholarly Articles

In 1977, Congress enacted the Surface Mining Control and Reclamation Act. The Act, designed to protect the environment and society from the adverse effects of surface coal mining and to insure uniform minimum nationwide regulatory standards, established a comprehensive regulatory scheme for surface mining and reclamation operations of both federal and non-federal lands within the United States.

The Secretary of the Interior, acting through the Office of Surface Mining and Reclamation within the Department of the Interior, is charged with administering and implementing the Act. Implementation is divided into two stages. During the initial, or interim phase, all surface mining …

Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness

Law Faculty Scholarly Articles

The linkage between the peaceful uses of nuclear energy and weapons development is a complex one; therefore, this article presents both sensitive nuclear technology and the nature of nuclear proliferation in some detail before proceeding to a critique of the current American policy. Accordingly, Part II describes causes of proliferation, uranium enrichment and fuel reprocessing technology, and nuclear proliferation pathways. Part III examines the international safeguards regime, including the Nuclear Non-Proliferation Treaty and the Nuclear Suppliers’ Guidelines. Part IV summarizes the statutory basis for the current U.S. policy, the Nuclear Non-Proliferation Act of 1978, while Part V evaluates this policy …

High-Level Radioactive Waste Management: The Nuclear Dilemma, Richard C. Ausness

Law Faculty Scholarly Articles

The United States is faced with a nuclear dilemma. On the one hand, nuclear power seems to be the only significant energy source that is presently capable of meeting the country's electrical energy needs. On the other hand, it is uncertain whether the United States has the technological and managerial capability to make nuclear power reliable and safe. In view of this situation, the United States should begin to develop less dangerous alternatives such as solar power. But development of an efficient solar energy system may require 30 years or more. In the meantime, the United States must learn to …

Reclaiming Coal Surface Mines In Central Appalachia: A Case Study Of The Benefits And Costs, Richard C. Ausness, Alan Randall, Oren Grunewald, Sue Johnson, Angelos Pagoulatos

Law Faculty Scholarly Articles

Regulatory alternatives for the surface mining industry have come under intense public and political scrutiny in recent years. Recent studies have found that the impacts of federal surface mine reclamation regulations' will be noticeable, but perhaps not as substantial as some had expected. Nationwide, coal production from surface mines would be reduced by about five percent, with a similar increase in underground coal production. The federal reclamation legislation, depending on the regulations eventually adopted for its implementation, is unlikely to be a major disruptive influence in the coal industry or a substantial impediment to the long-run national goal of increased …