Coal

Question 1

Coal (5)

Answer 1

1. Primarily used for electricity
2. Four types of coal (1) Anthracite (metals industry) (2) Bituminous (3) Sub-bituminous (4) Lignite (2-4 combustion)
3. Why is it useful? Easier to transport, doesn’t rot, abundent
4. Wood has surprisingly high Btu (15-20mm/ton)
5. Mining has moved from east to west.

Question 2

Where is coal mined? (3)

Answer 2

A. Appalachia - older, higher quality, underground but now some area and mountaintop mining
B. Rocky Mountains - surface
C. Midwest Plains - surface

• There is more surface mining than underground mining (Thunder Basin).

Question 3

Downsides of Coal (2)

Answer 3

A. Subsidence
B. Acid Mine Drainage
- Exposed rock that has been underground to air
- Only fix is to add a lot of lime to water.

Question 4

Regulating Coal Mining (2)

Answer 4

SMCRA - Bragg
(1) SMACRA - says that you have to return surface to original state after mining, but, hands authority back to state to enforce
* Additionally, negative value property shell companies run mines, then intentionally go bankrupt, leaving surface mines
* So, SMCRA requires a bond, but state authorities may allow self-bonding, which basically only requires a showing at the start of good financial health
* A lot of litigation over commerce clause here

(2) CWA regulating the fill that goes into streams during mining.
- No litigation over commerce clause, but a lot of litigation over what is a navigable water (Sackett)

Question 5

Property Rights in Coal - Private Land (2)

Answer 5

Private Land:
(1)Stewart: presumption against stripmining in W.Va., when interpreting old contracts
- but, this depends state to state (Ward Ky)

(2) Supreme Court used to be skeptical of laws limiting mining in areas with a tendency of subscidence, but upheld law in PA in Debenedictis

Question 6

Property Rights in Coal - Public Land (2)

Answer 6

Federal Land: WildEarth - Vintage NEPA litigation
1. Look for erroneous comment within EIS report.
2. Always changing regarding what is important (CO2 impact was debated, now it is assumed).
3. But doesn’t stop BLM from leasing the land, may just make them go back to the drawing board.

Federal Leasing Process: Government leases land, but
(1) Market value hard to determine because government could flood market
(2) No real competitive bidders amoung energy producers