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State Mining Law Does Not Preempt Local Setback Requirements

By Patty Salkin

Following a variance denial from a required 1,000-foot setback from residential structures for surface coal mining, the mining company filed a lawsuit claiming that the state?s Surface Mining Conservation Reclamation Act (SMCRA), which only required a 300-foot setback from residences preempted the local ordinance.   In concluding that the SMCRA did not preempt the local ordinance, [...]

Full post as published by Law of the Land on December 09, 2008 (boomark / email).