SMCRA State Regulatory Programs
Current understanding
To be populated as evidence accumulates.
Evidence log
- 2026-10-26 — Ohio Regulatory Program: cross-connection with surface-mining-control-reclamation: Ohio’s 39-rule rewrite is a concrete instance of a SMCRA state regulatory program amendment approved by OSMRE under the federal-state primacy framework. (novelty: 2)
- 2026-08-21 — Montana Regulatory Program: 2026 — OSMRE declined to approve most of Montana’s proposed SMCRA program changes (including a new ‘affected drainage basin’ definition and revised bond-release application rules), approving only one narrow provision; existing Montana surface-mining reclamation requirements remain in effect (final rule). (novelty: 2)
- 2026-08-25 — Montana Regulatory Program: OSMRE denied Montana’s proposed SMCRA program amendment that would have shifted litigation costs to the losing party in coal-mining contested cases; Montana’s existing cost rules remain in force (final rule). (novelty: 2)