Revoking Coal Mining Permits: An Economic and Legal Analysis
In: Ryan Rafaty, Sugandha Srivastav & Björn Hoops (2020) Revoking coal mining permits: an economic and legal analysis, Climate Policy, 20:8, 980-996, DOI: 10.1080/14693062.2020.1719809
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In: Ryan Rafaty, Sugandha Srivastav & Björn Hoops (2020) Revoking coal mining permits: an economic and legal analysis, Climate Policy, 20:8, 980-996, DOI: 10.1080/14693062.2020.1719809
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In: Climate policy, Band 20, Heft 8, S. 980-996
ISSN: 1752-7457
In: Western Political Science Association 2010 Annual Meeting Paper
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Working paper
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Since the New Order era mining policy is strongly tended to be political for the fact that this sector is highly promising. The case on Clear and Clean mechanism was full of potency on rent-seeking with the modus of various regulation misuse. Every spot of rent-seeking in this case has provided different opportunity of manipulation. The Clear and Clean case also shown about the strength of central government against local government. The local government was considered as the party that resembles the business owner so it was their duty to save the asset. The strength of patron-client in clear and clean policy was mainly proven by the fact of the appearance of Individual triangle alliance as a broker. This also explained that woman and paranormal as third person was strongly very influential in lobbying between the interest business owners and bureucrates. The result of research also reconfirmed about the strength of patron-client model. This model was indicated by the existance of strength informal actors that penetrated the environment of formal bureaucracy. Strength of those informal actors was the main key of access business owner in the rent-seeking network and circle in different spots.
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In: Mining Engineering - Research and Technology
Intro -- MOUNTAINTOP MINING: BACKGROUND AND ISSUES -- MOUNTAINTOP MINING: BACKGROUND AND ISSUES -- CONTENTS -- PREFACE -- Chapter 1 MOUNTAINTOP MINING: BACKGROUND ON CURRENT CONTROVERSIES -- SUMMARY -- WHAT IS MOUNTAINTOP MINING? -- Regulatory Setting -- CRITICISM AND LEGAL CHALLENGES TO MOUNTAINTOP MINING -- OSM's Stream Buffer Zone Rule -- Other Litigation -- ADMINISTRATIVE ACTIONS AND CONGRESSIONAL ACTIVITY -- Recent Administration Actions -- Guidance on Permitting -- EPA Proposed Veto of a Mountaintop Mining Permit -- Congressional Actions -- End Notes -- Chapter 2 SURFACE COAL MINING: CHARACTERISTICS OF MINING IN MOUNTAINOUS AREAS OF KENTUCKY AND WEST VIRGINIA -- WHY GAO DID THIS STUDY -- WHAT GAO FOUND -- ABBREVIATIONS -- BACKGROUND -- Surface Coal Mining Methods Used in Kentucky and West Virginia -- Surface Coal Production in Kentucky and West Virginia -- Surface Mining Control and Reclamation Act Requirements for Regulating Coal Mining Operations -- CHARACTERISTICS OF SURFACE COAL MINING IN MOUNTAINOUS AREAS IN KENTUCKY AND WEST VIRGINIA -- Acres under Open Permit Have Increased in Kentucky and West Virginia -- Mining in Kentucky and West Virginia Has Become More Geographically Concentrated -- The Length of Time That Permits Were Open in Kentucky and West Virginia Varies -- Many Permitted Acres in West Virginia Are Concentrated in a Few Large, Contiguously Permitted Areas -- CHARACTERISTICS OF RECLAIMED LANDS THAT WERE DISTURBED BY SURFACE COAL MINING IN MOUNTAINOUS AREAS OF KENTUCKY AND WEST VIRGINIA -- Fish and Wildlife Habitat and Forestland Were the Most Common Post-Mining Land Uses Approved, While Forestland Was the Most Common Land Use Prior to Mining -- Most Operations Are Required to Reclaim the Land to AOC, but There Are Exceptions -- Operators Were Approved to Construct Nearly 2,000 Valley and Hollow Fills from 2000 to 2008
In public services, the step that needs to be considered by the government bureaucracy is how to increase awareness of the public interest, and for that the quality of public services by the government bureaucracy that has high dedication and loyalty will certainly be more relevant to current conditions. Government bureaucracy should be a channel of devotion and high loyalty to services that are oriented to the public interest, not vice versa which is abuse of power or authority. In carrying out its duties or functions of the government bureaucracy must be aware of changes both internally and externally. The tendency inherent in the government bureaucracy is the lack of attention to affordability and equity in service to the public interest. Easy, cheap, fast, right safe and comfortable service is fundamental to the public, because it can be seen from the socio-economic conditions that they cannot get expensive services. It is unfortunate that in fact, seeing that there are still many bureaucrats that tend to avoid public interests, that is why the level of the service quality for the public is still low. This study aims to analyze and describe the service quality of the mining business license in the Integrated Licensing Service Agency of Tasikmalaya City. The statement of the problem is that the service quality of the mining business licenses is still not good, while the formulation of the problem is how is the service quality of the mining business license at The Integrated Licensing Service Agency of Tasikmalaya City? The usefulness of this research is generally useful for aspects of scientific development in public administration, and is particularly useful in developing the public service quality . The research method used is a survey. Data collection techniques through primary and secondary data with presentation analysis. The results showed that the quality of public services in the mining business permit services in The Integrated Licensing Service Agencyof Tasikmalaya City was not good. Keywords: Government Bureaucracy, Quality of Public Servants
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The research was to identify the roles of provincial Government of Central Sulawesi in the line with authority to grant rock mining permit pursuant to Law Number 4 year 2009 about Mineral and Coal Mining and Law Number 23 Year 2014 about Provincial/City/Regency Government, in the line with environmental control to realize sustainable eco-friendly mining governance. It was a normative or legal research adopting statute approach by reviewing all laws and regulations related with rock mining permit and environmental protections and conceptual approach by observing various problems arising and related with rock mining permits synchronized with environmental protection measures. The results of the research showed that the Provincial Government of Central Sulawesi is fully authorized and the control to secure eco-friendly mining govenance was not yet maximal due to overlapping and incomplete mining laws and regulations, limited human resources to cover such a wide geographical mining area and lack of coordination of control among the related authorities and institution concerning with mining control and environment. The recommended step is to revise the Law Number 4 year 2009 about Mineral and Coal Mining and Law Number 23 Year 2014 about Provincial/City/Regency Government to secure a sustainable and eco-friendly development.
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This report provides background on regulatory requirements, controversies and legal challenges to mountaintop mining, and recent Administration actions. Attention to EPA's veto of the West Virginia mining permit and other federal agency actions has increased in Congress. Congressional interest in these issues is discussed, including legislation seeking to restrict the practice of mountaintop mining and other legislation intended to block the Obama Administration's regulatory actions.
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This report provides background on regulatory requirements, controversies and legal challenges to mountaintop mining, and recent Administration actions. Congressional interest in these issues also is discussed, including legislation in the 111th Congress seeking to restrict the practice of mountaintop mining and other legislation intended to block the Obama Administration's regulatory actions. Attention to EPA's veto of the West Virginia mining permit and other federal agency actions has increased in the 112th Congress.
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This report provides background on regulatory requirements, controversies and legal challenges to mountaintop mining, and recent Administration actions. Congressional interest in these issues also is discussed, including legislation in the 111th Congress seeking to restrict the practice of mountaintop mining and other legislation intended to block the Obama Administration's regulatory actions. Attention to EPA's veto of the West Virginia mining permit and other federal agency actions has increased in the 112th Congress.
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In: University of Utah College of Law Research Paper No. 539 53 Env. L. Rep. 10463
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The existence of a paradigm that has changed from being young to investing has created various opinions on Law Number 3 of 2020 concerning Minerals and Coal. So it is necessary to make a comprehensive study that examines the implications of changing the terminology of a contract of work to a mining business permit (IUP). For this reason, researchers can formulate two problem formulations, first, how are the differences between contracts of work and mining business permits (IUP) in Indonesia. Second, what are the implications of changing the contract of work into a mining business permit (IUP) for mineral and coal mining in Indonesia? This research is normative juridical research using a statutory approach and a conceptual approach. The results show that the term contract of work has a long history with changing regulatory concepts, wherein Law Number 3 of 2020 there is a cut in regional authority, as well as a change in the contract of work regime which was changed to a mining business permit regime. These changes also have implications for the economic, social, cultural, and environmental sectors. Therefore, the central government must be able to ensure that these changes are also able to have a positive impact on the welfare of the people in the region, both economic, social, and cultural welfare region.
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In: Administrative and environmental law review, Band 3, Heft 2, S. 77-92
ISSN: 2745-9330
The lack of law enforcement related to sea sand mining activities that conflict with the community in Lampung Province certainly causes many problems. In addition, the impact of the sea sand mining permit also overlaps the allocation of coastal areas and small islands and has the potential to cause quite a high social conflict and environmental ecosystems and cause of ecological disasters. This article aims to analyze law enforcement against marine sand mining activities that conflict with the community in Lampung Province. This study uses normative and empirical juridical methods with a qualitative analysis model. The results showed that sea sand mining conflicts in Lampung Province occurred due to the processes of issuing sea sand mining permits that overlapped with the fishing zones. Also in Lampung Provincial Regulation No. 1 of 2018 concerning Zoning Plans for Coastal Areas and Small Islands, there is no space allocation for the issuance of sea sand mining permits from 12 miles of coastline except for oil and gas mining in the East Lampung waters, complex conflicts due to enforcement The sea sand mining law is not clear, as evidenced by the existence of several cases of violations in the coastal sector and small islands of Lampung Province which were left without going through legal processes and imposition of sanctions.
In: International journal of multicultural and multireligious understanding: IJMMU, Band 11, Heft 3, S. 73
ISSN: 2364-5369
This research aims to analyze the criminal law implications in resolving disputes related to quartz sand mining in the West Kalimantan Province. The significant ecological impact of quartz sand mining activities creates conflicts concerning permits, land ownership, environmental damage, and the rights of local communities. Criminal law plays a crucial role in upholding justice and addressing potential violations. This paper discusses the role of criminal law in several essential aspects: First, the Role of Criminal Law in Mining Permits, where criminal law can be employed to enforce mining permits, creating obstacles for those intending to violate established permits. Second, Criminal Law Aspects related to Environmental Damage, where violations of environmental regulations can lead to criminal actions with the aim of preventing environmental harm. Third, Conflicts with Local Communities and Landowners, where criminal law protects the rights of local communities and landowners through sanctions imposed by the Law. Fourth, Illegal Mining, where criminal law is used to address illegal mining practices, uphold the principles of justice, and protect the interests of the state and the community. Additionally, dispute resolution also requires more collaborative alternative approaches, such as mediation or arbitration. The criminal law implications in this approach must be understood to ensure that the dispute resolution process continues to be fair and effective. The role of law enforcement agencies and the judicial system is crucial in ensuring that criminal actions are taken in accordance with the principles of justice.