Court Upholds Rights Of Coalfield Homeowners - federal appeals court states that coal mining companies must abide with government regulations that protect water supplies and homes - Brief Article

National Wildlife, August-Sept, 1999

In a victory for NWF and the Interior Department, a federal appeals court in Washington, D.C., has upheld government rules that protect homes and drinking water supplies from damage by underground coal mining.

The regulations require coal mining companies to take steps to minimize damage from land subsidence and repair or fully compensate property owners for any subsidence damage that does occur. More than 1.8 million homes in this country are at risk from subsidence, which collapses the land and damages and destroys buildings above underground coal mines.

The court rejected an industry argument that requiring a mining company to compensate homeowners for damage would constitute a 'taking' of the company's property rights.

'NWF is pleased that the court agreed with our position that fanciful industry takings claims are not a reason to gut critical protection for the true property rights involved -- those of homeowners,' says NWF attorney Glenn Sugameli, who argued the case on the side of the government.