The Lands Unsuitable Petition Process Under SMCRA -A Case Study (3ac44039-af3c-48d6-831c-8838a7a90cc7)

The Surface Mining control and Reclamation Act (public Law 95-87) (here-inafter the "Act" or "SMCRA") passed by congress in August of 1977 represents a comprehensive federal scheme for controlling surface coal mining and the surface effects of underground mining through permitting requirements, performance guidelines, and reclamation planning. While the provisions of the Act have been the subject of numerous legal challenges and court battles over the years, it is difficult to identify a more controversial program within the Act than the provisions for designating lands as unsuitable for surface coal mining operations. The lands unsuitable designation process provides for the acceptance and review of petitions submitted by citizens or organizations seeking to have specified land areas designated unsuitable for all or certain types of surface coal mining activities. In filing these petitions, the interested parties or petitioners are required to make allegations about potential adverse impacts on people or the environment and submit evidence supporting their allegations.