30 C.F.R. § 946.10

State regulatory program approval

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The Virginia regulatory program, as submitted on March 3, 1980, as amended and clarified on June 16, 1980, as resubmitted on August 13, 1981, and as clarified in a meeting with OSMRE on September 21 and 22, 1981, and in a letter to the director of the Office of Surface Mining on October 15, 1981, is conditionally approved, effective December 15, 1981. Effective January 1, 1985, the Department of Mines, Minerals and Energy replaces the Department of Conservation and Economic Development as the regulatory authority in Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Copies of the approved program as amended are available for review at the following locations:

(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big Stone Gap, Virginia 24219.

(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center, room 220, Route 23, Big Stone Gap, Virginia 24219.

[51 FR 42554, Nov. 25, 1986, as amended at 59 FR 17930, Apr. 15, 1994]

Notes of Decisions

Cited in 3 cases, 1985–2008 · leading case: Sierra Club v. Kempthorne, 589 F. Supp. 2d 720 (W.D. Va. 2008).

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Sierra Club v. Kempthorne, 589 F. Supp. 2d 720 (W.D. Va. 2008). “§ 1253 (a); 30 C.F.R. § 946.10 (2007). Thus, because Virginia is a primacy state, the defendants argue that the determination of whether MFP’s activities in question constitute “coal surface mining operations” is a matter that should be taken up in state court, not federal court.”

Molinary v. Powell Mountain Coal Co., 125 F.3d 231 (4th Cir. 1997). “See 30 C.F.R. § 946.10 . Thus, since that date, Virginia has had “exclusive jurisdiction over the regulation” of surface coal mining and reclamation within its borders.”

Clinchfield Coal Co. v. Hodel, 640 F. Supp. 334 (W.D. Va. 1985). “30 C.F.R. § 946.10 . However, the Secretary of the Interior retains certain oversight authority in states which have attained primacy.”

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