Keystone Bituminous Coal Association v. Debenedictis

480 U.S. 470 (1987)

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Nature of the Case

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Facts

Based upon a finding that then-existing statutes had failed to protect the public interest, the Pennsylvania State Legislature enacted the Bituminous Mine Subsidence and Land Conservation Act. The Act requires the state Department of Environmental Resources to implement and enforce a comprehensive program to minimize subsidence of land overlaying coalmines. Section 4 of the Act prohibits mining that causes damage to buildings used by the public; private dwellings; and cemeteries. Section 6 enables the Department of Environmental Resources to revoke the mining permit of any operator if their removal of coal causes damage to any of the structures outlined in Section 4, and if the operator fails to repair the damage or otherwise satisfy a claim for damage within six months. In enforcing the Act, the Department of Environmental Resources has applied a formula, which requires that 50% of the coal underneath a protected structure must be left in place. The Keystone Bituminous Coal Association (P) filed a petition in the district court to enjoin enforcement of the Act and its regulations, arguing that mining rights are a separate estate in land from the surface, and that the prohibition on removing more than 50% of the coal underneath protected structures amounts to a taking of private property without compensation under Pennsylvania Coal Co. v. Mahon. The district court granted the defendants' motion of summary judgment. The Court of Appeals affirmed, holding that Pennsylvania Coal does not control since the Act is a legitimate means of protecting the environment and economy of the Commonwealth.