Budinsky v. Pennsylvania Dep't of Envtl. Resources

ELR Citation: ELR 21281
No(s). 86-3665 (3d Cir. May 27, 1987)

The court holds that the two-acre exemption under the Surface Mining Control and Reclamation Act (SMCRA) does not preempt Pennsylvania's laws and regulations governing surface mining operations smaller than two acres. Nothing in SMCRA's plain language suggests that state laws affecting such small op...