On January 3, 1980, the United States District Court for the Western District of Virginia declared substantial portions of the Federal Surface Mining Control and Reclamation Act of 1977 (hereinafter "the Surface Mining Act" or "the Act") to be unconstitutional in Virginia Surface Mining & Reclamation Association v. Andrus. Specifically, the district court found that section 515(d) and (e) of the Act were in contravention of the tenth amendment, that sections 515(d)-(e) and 522 of the Act constituted an unconstitutional taking of private property without just compensation in violation of the fifth amendment and that sections 518 and 521 of the Act deprived coal operators of their fifth amendment right to procedural due process.
Timothy W. McAfee,
A Critique of Hodel v. Virginia Surface Mining and Reclamation Association,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol16/iss1/10