In a move lauded as “common sense” by officials, the Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) today announced a proposed rule to ditch a 2024 regulation that critics say muddled federal-state oversight of surface coal mining.
The proposed change aims to slash bureaucratic hurdles and empower states by reinstating a simpler 2020 version of the “Ten-Day Notices and Corrective Action” rule.
The 2024 rule, a product of the previous administration, introduced perplexing definitions and rigid deadlines, effectively undermining the clear intent of the Surface Mining Control and Reclamation Act of 1977, which designates states as the primary regulators of mining on their own lands.
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“We’re cutting red tape, restoring clarity and respecting states’ right to lead. Federal oversight doesn’t mean federal interference,” stated Adam G. Suess, Acting Assistant Secretary for Land and Minerals Management.
Under the new proposal, federal and state coordination would be streamlined, eliminating duplicative inspections and reviews. Crucially, state regulators would no longer be misclassified as “persons” subject to ten-day notices unless they are acting as operators. Furthermore, complaints would once again require a simple justification before triggering federal action, and arbitrary deadlines that often delay solutions would be a thing of the past.
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The proposed rule emphasizes cooperative federalism, with OSMRE issuing ten-day notices when a violation is suspected and then working collaboratively with states to swiftly resolve issues.
This initiative aligns with broader deregulation efforts, including Secretary’s Order 3421, “Achieving Prosperity Through Deregulation,” and President Donald J. Trump’s Executive Order 14154, “Unleashing Prosperity Through Deregulation.”
It also supports Order 3418 “Unleashing American Energy,” which seeks to remove impediments to the development of the nation’s energy and natural resources. The Department of the Interior states that by removing such regulations, America’s natural resources can be unleashed to restore American prosperity.
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