West Virginia Law Review

Document Type

Student Material


The body of case law construing the regulatory scheme of the Surface Mining Control and Reclamation Act of 1977 continues to expand. During 1982, courts considered venue, jurisdiction and constitutional issues, the prime farmland grandfather exemption and "second mining." This article examines the courts' continuing attempts to achieve the Act's purpose of "establishing a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations."



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.