The Surface Mining Control and Reclamation Act (SMCRA) is the federal law that governs coal mining in the United States. Passed in 1977, SMCRA was designed to ensure responsible mining practices, protect communities, and require proper reclamation of mined lands.
As a citizen, you have important rights under SMCRA that allow you to participate in decision-making, hold mining companies accountable, and protect your community’s health, safety, and environment.
1. Right to Notice
Whenever a coal company applies for a new permit, modifies an existing permit, or submits a reclamation plan, federal and state agencies are required to notify the public.
What this means for you:
- You have the right to receive information about proposed mining activities near your home or community.
- Notices must include important details such as the location of the mine, proposed activities, and deadlines for comments or hearings.
If you live near a coal operation, you deserve to know what’s happening in your backyard, and SMCRA guarantees that right.
2. Right to Participate
SMCRA gives citizens the opportunity to participate in the permitting and regulatory process:
- Submit Written Comments: You can provide feedback on permit applications, reclamation plans, or proposed regulatory changes.
- Request Public Hearings: Many state and federal agencies hold hearings so citizens can speak directly to regulators.
- Challenge Decisions: If a permit is issued without proper review, citizens may have the right to appeal or request enforcement action.
Tip: Keep track of deadlines. Comments or hearing requests submitted after the deadline may not be considered.
3. Right to Access Records
Transparency is a cornerstone of SMCRA. You have the right to:
- Review permit applications, inspection reports, and mining plans.
- Examine documents related to mine safety, water quality, and reclamation efforts.
- Request copies of documents from federal and state agencies.
Knowledge is power. Accessing permit and inspection records helps you understand what is happening and what risks may exist.
4. Right to Request Inspections
SMCRA empowers citizens to ask regulators to inspect coal mines if there are concerns about safety, environmental damage, or regulatory violations.
Steps you can take:
- Identify the agency responsible (usually your state mining department or OSMRE).
- Provide the location, description of the issue, and any supporting information.
- Follow up to ensure the inspection is conducted and findings are shared with the public.
5. Right to Enforcement
If a coal company violates SMCRA, citizens have the right to report violations and request enforcement actions.
Examples of violations include:
- Environmental damage, such as water pollution or deforestation
- Failure to reclaim mined lands according to approved plans
- Non-compliance with air or dust regulations
- Endangering public health or safety
Agencies are required to investigate credible reports and can impose fines, require remediation, or even suspend mining operations.
SMCRA isn’t just about rules, it’s about your ability to protect your community and environment.
6. How CCC Helps Citizens Exercise Their Rights
At Citizens Coal Council (CCC), we help communities understand and exercise their SMCRA rights:
- Education & Training: Workshops and guides on reading permits, public notices, and reclamation plans.
- Legal Support: Assistance in preparing comments, appeals, or enforcement requests.
- Community Engagement: Bringing citizens together to monitor mining activity and advocate for strong enforcement.
Take Action: Don’t wait for problems to happen. Review upcoming permits, attend hearings, and submit comments. Your voice can help ensure responsible mining and protect your community.
Click HERE to download the “Your Rights Under SMCRA” Fact Sheet
Disclaimer:
The information and templates provided here are for general educational purposes only. We are not attorneys, and this material should not be considered legal advice. Regulations and procedures can vary, so you may wish to consult a qualified legal professional for guidance on your specific situation.