FOR IMMEDIATE RELEASE
February 19, 2026
CONTACT
Dan Radmacher, Media Specialist, (276) 289-1018, dan@appvoices.org
Andy Li, andy.li@sierraclub.org
Today, the Trump administration will formally release a rule to rescind changes to the Ten Day Notice process implemented in 2024 and revert to the weaker process from President Donald Trump’s first term that made it more difficult for communities to secure federal assistance at coal mines across the country.
The Surface Mining Control and Reclamation Act of 1977 created a mechanism to empower community members to alert federal regulators of problems at coal mines, like a resident reporting dangerous coal mine waste running into a stream. The notification process, called the “ten-day notice,” allowed state regulators 10 days to take “appropriate” action to correct the problem before federal regulators stepped in. Community members have successfully used the Ten Day Notice process to address violations ranging from erosion issues to drinking water contamination. This is in keeping with Congress’ intent that citizens would supplement agency enforcement of the law where needed to timely correct violations.
Changes to the process in 2020 lessened the Office of Surface Mining Reclamation and Enforcement’s responsiveness to community concerns by providing excessive discretion and delay that left many violations unaddressed. Particularly where the violation was the result of systemic failures of the state agency to properly permit mine operations, the changes imposed unnecessary bureaucratic burdens, exempted systemic permitting and other issues from the process, and allowed federal regulators to elect to forgo an inspection. Under the 2020 rule, ongoing violations caused by state program failures would continue unabated until they became imminent hazards in most cases.
The rule was strengthened in 2024 to restore the rule as it had stood for decades, but now that Biden-era rule has been rescinded and replaced with a slightly modified version of the 2020 rule.
Statement by Matt Hepler, Central Appalachian Environmental Scientist for Appalachian Voices:
“This new rule will force members of the public impacted by harmful coal mining violations to go through a longer and more complex process that was never designed to be a substitute for immediate action to correct all violations. This new rule means problems such as drinking water contamination, subsidence and erosion will be dragged down by a slow, indeterminate and politically fraught process. The result is predictable: Unlawful and harmful damaging coal mining practices will continue on the ground while state and federal agencies cycle through years of conferences, hearings and negotiations instead of taking action to help deserving people.”
Statement by Bonnie Swinford, Campaign Organizing Strategist for the Sierra Club:
“For decades, the Ten Day Rule has allowed communities to protect their residents. But now, coal companies will be able to leave coal mines spilling toxins into the air and water. This is simply the latest move from the Trump administration to strip the public of our power to hold big coal mining corporations accountable. We deserve leaders who will fight to protect us from toxic mines, not leave us defenseless for the sake of corporate handouts.”
Statement by Aimee Erickson, Executive Director, Citizens Coal Council:
“The Ten-Day Notice process is often the only accountability tool coalfield residents have when state regulators fail to act. Weakening federal oversight doesn’t strengthen states — it weakens protections for families living with mining impacts. In longwall mining communities, we’ve seen cracked foundations, lost water supplies and streams permanently altered. When those impacts are minimized or delayed at the state level, federal oversight is supposed to be the backstop. Communities deserve a system that enforces the law as written.”
It is anticipated that a coalition of citizen coalfield groups, state and national organizations will challenge the 2026 rulemaking, which suffers from the same legal infirmities as the 2020 rule that the organizations challenged.
