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Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means
Preclusion Under Primacy: The Effect Of Prior State Determinations On Federal Oversight Enforcement Under The Surface Mining Control And Reclamation Act, John A. Macleod, Thomas C. Means
West Virginia Law Review
The enactment of the Federal Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act) launched a new era in the regulation of surface coal mining and the surface effects of underground mining. SMCRA ended the era of exclusive state regulation, prompted in substantial part by the perceived failure of the states to do the job effectively. Instead, there was substituted a federal program of stringent environmental controls and performance standards, accompanied by a mechanism through which the states could regain regulatory predominance. A state that wanted to regulate surface coal mining operations within its borders could develop …