ELR Citation: ELR 20822
No(s). 261 (Md. Jul 3, 1974)

The Court of Appeals of Maryland upholds a state statute terminating the strip-mining of coal on state lands, but remands to the lower court the question of whether the coal companies holding mineral rights are entitled to compensation in this particular case. The court declares that the plaintiff coal companies may continue strip-mining operations under permits issued before July 1, 1973, the effective date of the statute, but that the Bureau of Mines was correct in interpreting the statute to prohibit the issuance, renewal, extension, or amendment of any leases after that date. After an exhaustive review of federal and state decisions in this area, the court concludes that the statute, so construed, is a reasonable regulation under the state's police power. The court finds that the legislature could reasonably determine that there was no adequate means of protecting and preserving state lands from the effects of strip-mining other than to prohibit such mining altogether. The court however remands the issue of whether this exercise of the police power was so oppressive and confiscatory as applied in the circumstances of this particular case that it amounts to a taking for which compensation is constitutionally due.

Counsel for Plaintiffs
William Walsh
Walsh, Walsh & Reinhart
Liberty Trust Building
Cumberland, MD 21502

Stephen R. Pagenhardt
Professional Building
Oakland, MD 21550

Counsel for Defendants
Henry R. Lord Deputy Attorney General
Warren K. Rich Special Asst. Attorney General
One South Calvert Street, 14th Floor
Baltimore, MD 21202

Counsel for Amici Curiae Citizens Coalition on Surface Mining and Maryland Conservation Council, Inc.
Thomas B. Eastman
Ober, Grimes & Shriver
1600 Maryland National Bank Building
10 Light Street
Baltimore, MD 21202