C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER C—PERMANENT REGULATORY PROGRAMS FOR NON-FEDERAL AND NON-INDIAN LANDS › PART 730—GENERAL REQUIREMENTS

30 C.F.R. § 730.11

Inconsistent and more stringent State laws and regulations

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(a) No State law or regulation shall be superseded by any provision of the Act or the regulations of this chapter, except to the extent that the State law or regulation is inconsistent with, or precludes implementation of, requirements of the Act or this chapter. The Director shall publish a notice of proposed action in the Federal Register setting forth the text or a summary of any State law or regulation initially determined by him to be inconsistent with the Act or this chapter. The notice shall provide 30 days for public comment. Following the close of the public comment period, the Director shall make a final determination which shall be published in the Federal Register.

(b) Any State law or regulation which provides for more stringent land use and environmental controls and regulations of coal exploration and surface coal mining and reclamation operations than do the provisions of the Act and this chapter, or which provides for the control and regulation of coal exploration and surface coal mining and reclamation operations for which no provision is contained in the Act or this chapter, shall not be construed to be inconsistent with the Act or this chapter.

[44 FR 15323, Mar. 13, 1979, as amended at 47 FR 26364, June 17, 1982]
Notes of Decisions
Cited in 2 cases, 1984–2014 · leading case: Sierra Club v. Sally Jewell, 764 F.3d 1 (D.C. Cir. 2014).
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Sierra Club v. Sally Jewell, 764 F.3d 1 (D.C. Cir. 2014). · cites it 2× “See 30 C.F.R. § 730.11 (a)- (b). We need not resolve the issue for purposes of assessing the Coalition’s standing, but need only assess whether the Coalition’s argument is non-frivolous.”
Virginia ex rel. Virginia Dep't of Conservation & Econ. Dev. v. Watt, 741 F.2d 37 (4th Cir. 1984). “Using his oversight authority, pursuant to 30 C.F.R. §§ 730.11 , 732.17, and Part 33, the Secretary began enforcement actions against the Commonwealth and certain coal operators to comply with the federal law and regulations governing the two-acre exemption.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.