Alabama Surface Mining Reclamation Com'n v. Cordova Clay Co., Inc.

• Decision Date: 08 June 1983
• Citation: 434 So.2d 283
• Parties: ALABAMA SURFACE MINING RECLAMATION COMMISSION v. CORDOVA CLAY COMPANY, INC.; Beaird Coal Company, Inc. Civ. 3660.
• Court: Alabama Court of Civil Appeals

Page 283

434 So.2d 283

ALABAMA SURFACE MINING RECLAMATION COMMISSION v. CORDOVA CLAY COMPANY, INC.; Beaird Coal Company, Inc.

Civ. 3660.

Court of Civil Appeals of Alabama.

June 8, 1983.

Paul M. Heffler, Asst. Atty. Gen., for appellant.

Phil Laird and H.C. Wiley, Jr., Jasper, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a declaratory judgment action.

Two surface mining corporations (the operators) sought a determination of the applicability to their operations of the Alabama Surface Mining Reclamation Act of 1975, §§ 9-16-30 to -53, Code of Alabama 1975, and a decision as to whether the Alabama Surface Mining Reclamation Commission (the commission) had the authority to enforce the provisions of that act against the operators who in July 1981 extracted coal only incidentally to other materials, shale and clay, which coal did not exceed sixteen and two-thirds percent of the tonnage of materials removed by them for commercial use or sale. The trial court held that the provisions of the 1975 Alabama act did not apply to such incidental removal of coal and that the commission did not have authority to enforce that act's provisions against operators so incidentally mining coal. The commission appealed.

Pursuant to §§ 9-16-1 to -15, Code of Alabama 1975, the operators were licensed by the Department of Industrial Relations of the State of Alabama to remove shale and clay from certain parcels of land. In the process of surface mining the shale and clay, certain coal mining was incidentally done. It was stipulated that the coal so mined by the operators did not exceed sixteen and two-thirds percent of the tonnage of materials which the operators removed for the purposes of commercial use or sale. The operators were cited by the commission for not having a coal surface mining permit, for not posting a reclamation bond and for violating blasting regulations from July 22-29, 1981, in violation of the 1975 Alabama act.

Congress enacted the Surface Mining Control and Reclamation Act of 1977 (the federal act). 30 U.S.C. Chapt. 25.

In November 1980, the commission was enjoined, by this same circuit court but in other litigation, from submitting or resubmitting any program pursuant to the requirements of the federal act, and the commission was therein ordered to continue the enforcement of the regulatory scheme "now in existence." The stating portion of the injunction quoted the following portion of the federal act:

"For the purposes of this section and section 1254 of this title, the inability of a State to take any action the purpose of which is to prepare, submit or enforce a State program, or any portion thereof, because the action is enjoined by the issuance of an injunction by any court of competent jurisdiction shall not result in a loss of eligibility for financial assistance under subchapters IV and VII of this chapter or in the imposition of a Federal program. Regulation of the surface coal mining and reclamation operations covered or to be covered by the State program subject to the injunction shall be conducted by the State pursuant to section 1252 of this title, until such time as the injunction terminates or for one year, whichever is shorter, at which time the requirements of this section and section 1254 of this title shall again be fully applicable."

30 U.S.C. § 1253(d).

By operation...