U.S. Interior Proposes to Reverse Coal Mining Rule to Streamline Federal-State Coordination

The U.S. Interior Department announced on June 12 a proposed rule to withdraw the 2024 “Ten-Day Notices and Corrective Action” rule. The 2024 rule, implemented by the previous administration, introduced definitions and deadlines that undermine 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, according to the department. Critics of the rule suggested that the rule complicated how the federal government and states work in collaboration to manage surface coal mining.

The proposed rule would streamline federal state coordination and reduce red tape. Moreover, it would reinstate the 2020 version from the first Trump administration of the ten-day notice process, reinstating regulatory authority of states.

Under the proposed rule, the Office of Surface Mining Reclamation and Enforcement would streamline management with states, in order to avoid duplicative reviews and inspections. Moreover, state regulators would no longer be subject to ten-day notices, except when they are acting as operators. In addition, corrective action measures would be permitted as a suitable action in response to ten-day notices. The proposal would eliminate arbitrary deadlines that delay progress toward solutions.

The proposed rule is in line with President Trump’s executive order “Achieving Prosperity Through Deregulation,” which directs the department to eliminate invalid, duplicative, or demanding regulation. Moreover, it advances the “Unleashing Prosperity Through Deregulation,” executive order, which instructs agencies to rescind costly regulations and return authority to their state governments. Furthermore, the proposed rule supports the President’s executive order “Unleashing American Energy” which seeks to promote the development of domestic energy resources, which were previously impeded by the previous administration’s burdensome laws.