COALEX REPORT 121

	Coalex Report 121

This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov.

                   
COALEX STATE INQUIRY REPORT - 121
July 20, 1989

Milton McCarthy, Esquire
State of Alabama
Surface Mining Commission
P.O. Box 2390
Jasper, Alabama 35502-2390

TOPIC: COAL FINES

INQUIRY: A coal mining company wishes to recover some previously mined coal fines from the
surface of the ground. The recovery of these coal fines will not involve any actual excavation of
overburden, dirt, etc. Is the act of merely recovering the coal fines considered surface coal mining
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA)?

SEARCH RESULTS: Research was conducted using the federal and state decisions on LEXIS.
Copies of the relevant decisions are attached.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Four relevant decisions were identified. All four courts determined that the removal of coal from
refuse piles or culm banks or the removal of anthracite silt "when no below-surface activity
occurs" constitutes "surface coal mining operations under SMCRA." Permits are required and the
operators are liable for reclamation fees. U.S. v KENNEDY, 806 F.2d 111 (7th Cir. 1985).


ATTACHMENTS
A.   U.S. v KENNEDY, 806 F.2d 111 (7th Cir 1985).
B.   U.S. v TRI-NO ENTERPRISES, INC., 819 F.2d 154 (7th Cir. 1987).
C.   U.S. v DEVIL'S HOLE, INC., 747 F.2d 895 (3rd Cir. 1984).
D.   GINTER COAL CO. v ENVIRONMENTAL HEARING BOARD, 9 Pa. Commw. 263, 306 A.2d
     416 (1973).


Research conducted by Joyce Zweben Scall

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