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STATE IMPLEMENTATION OF THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977
Author(s) -
Davis Charles E.,
Davis Sandra K.,
Peacock Denise
Publication year - 1989
Publication title -
review of policy research
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.832
H-Index - 45
eISSN - 1541-1338
pISSN - 1541-132X
DOI - 10.1111/j.1541-1338.1989.tb01026.x
Subject(s) - preemption , state (computer science) , enforcement , surface mining , land reclamation , public administration , federal preemption , control (management) , balance (ability) , business , politics , administration (probate law) , federal state , law and economics , political science , law , coal mining , coal , economics , statute , state law , engineering , management , computer science , medicine , archaeology , algorithm , waste management , physical medicine and rehabilitation , history , operating system
The implementation of the Surface Mining Control and Reclamation Act (SMCRA) of 1977 in coal producing states is guided by a partial preemption policy approach t h a t establishes a balance between federal and state decision‐making authority. The usefulness of this approach is assessed by analyzing state enforcement actions in relation the institutional capacity of states to shoulder regulatory responsibilities and the propensity of the federal Office of Surface Mining (OSM) t o oversee state enforcement actions and, if necessary, to undertake corrective action. Our results indicated that state administration of SMCRA was canstrained by the lack of effective federal oversight but was largely unaffected by interstate differences in political, economic, or administrative characteristics.