Major Issues In Subsidence Regulation

The legal issues surrounding the regulation of subsidence are among the major concerns facing the underground mining industry today. Whether subsidence occurs almost immediately as a result of longwall mining or without warning as a result of room and pillar mining conducted years ago, the resulting disputes are highly controversial and typical of the disputes involving the competing interests of surface and mineral estate owners. Until recently, the law governing these disputes was firmly established under the common law. The passage of the Surface Mining Control and Reclamation Act 1, the utilization of new mining technologies, and the general heightened environmental awareness of our times, however, have interjected new issues into this area of the law. State and Federal court decisions and administrative agency interpretations have helped clarify some of the issues. However, as evidenced by the many recent lawsuits between operators, surface owners, and regulatory agencies, many uncertainties still exist.