Mines Dodge Auto-Blame for Shaky Home Foundations
Published Date: 11/28/2025
Rule
Summary
The government is changing rules about how underground mining damage to homes is handled. They’re removing a rule that automatically assumed mining caused certain building damage because a court said it wasn’t backed up well enough. This change affects underground mine operators and homeowners near mines, takes effect January 27, 2026, and could impact how damage claims are handled.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
Homeowner claims lose automatic presumption
If you own a home near an underground mine, the rule that automatically presumed mining caused damage within a typical 30-degree "angle of draw" has been removed. Starting January 27, 2026, regulatory authorities will consider all relevant information instead of applying that rebuttable presumption from paragraphs (c)(4)(i)–(iv) of 30 CFR 817.121.
Mine operators no longer face presumption burden
Underground mine operators will no longer face a rebuttable presumption that they caused damage to non-commercial or occupied residential structures within the previously defined angle of draw. The paragraphs (c)(4)(i)–(iv) that shifted the initial burden to permittees are rescinded effective January 27, 2026, and regulators will instead consider all relevant and reasonably available information.
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Key Dates
Department and Agencies
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Previous / Next Documents
Previous: 2025-21443, Rescission of Fee Rates
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.
Next: 2025-21449, Applicability of Federal Regulations Implementing the Surface Mining Control and Reclamation Act of 1977
This rule updates the Surface Mining Control Act by removing old, outdated regulations that no longer apply. It mainly affects small coal mining operations that disturb two acres or less, clarifying their responsibilities. The changes take effect January 27, 2026, unless big objections come in by December 29, 2025, with no new costs expected.