Federal Administration of the Surface Mining Control and Reclamation Act of 1977 in Oklahoma

SMCRA, which established detailed standards for the surfacemining of coal, attempted to balance the need to increase coalproduction with safeguarding the environment. The act was basedon the principle of cooperative federalism. The states wereoffered both positive and negative inducements to assume importantroles in the design and implementation of regulatory programsconsistent with the SMCRA. Oklahomas Department of Mines (DOM)carried out the provisions of the act so poorly that the federalOffice of Surface Mining (OSM) was compelled to take over SMCRAinspection and enforcement. Other provisions of the act wereadministered by DOM, which found itself in a condition of "cohabitation"with OSM from 1984–1987. During that time, DOM becamea stronger, technologically sophisticated agency; OSM gaineda greater appreciation of the difficulties of implementing astate program; the mining industry became reconciled to reclamationcontemporaneous with mining; and there was an increase in citizenparticipation. The return of primacy to Oklahoma may usher ina new federal relationship in surface mining regulation, withmore power shifting to the states as budget pressures reducefunds and the number of employees in OSM.     

MEDIATION AND PARENTAL ALIENATION SYNDROME

Parental alienation syndrome (PAS), a term that originated in the mid-1980s, refers to a disturbance in which children are preoccupied with viewing one parent as all good and the other parent as all bad. Conscious or unconscious words and actions of custodial parents cause the child(ren) to align with them in rejection of noncustodial parents during divorce or custody disputes. Issues of concern for mediators include detection of PAS and an understanding of appropriate remedial plans that will allow the child to restore his or her relationship with the noncustodial parent .     

THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 IN OKLAHOMA: STATE AND FEDERAL COHABITATION

The enforcement of the SMCRA in Oklahoma has led to improvements and transformations in the coal industry, state and federal regulatory agencies and the public. The catalyst for these changes was the federal takeover of inspection and enforcement of the SMCRA in Oklahoma with the state carrying on all other mining regulatory activities from 1984 through 1987. This pattern of cohabitation differed from that in Tennessee where OSM took over all enforcement of the SMCRA or that in states that enter into cooperative agreements to provide state regulation of coal mining on federal lands within the state. Cohabitation in Oklahoma produced a new, more positive attitude toward cooperative federalism by both federal and state regulatory bodies that might serve as a model for other states with OSM maintaining state agency support for policy objectives while allowing the state reasonable decisional discretion.