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Budinsky v. Pennsylvania Dep't of Envtl. Resources

Citation: 17 ELR 21281
No. No. 86-3665, 819 F.2d 418/26 ERC 1339/(3d Cir., 05/27/1987)

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 operations are preempted....

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