The Carter Administration's coal conversion program,¹ which attempts to make industry switch from oil and gas to coal for powering its plants, depends on successful implementation of two major policies. On the demand side, the program proposes a system of tax incentives and regulatory prohibitions designed to encourage utilities and industry to convert from oil and natural gas to coal. On the production side, the program calls for an increase in coal extraction to 1.2 billion tons annually by 1985 to keep up with projected demand. Although congressional attention has focused on the proper mix of regulatory and taxing policies, two recent court decisions have brought attention to the legal issues which most directly affect industry's ability to mine and transport sufficient quantities of coal to realize these ambitious goals.