Environmental Reforms to the 1872 Mining Law

The Hardrock Mining and Reclamation Act of 2007, recently passed by the U.S. House of Representatives, includes environmental provisions to guide all future hardrock mining on public lands in the United States.

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Environmental problems created by hardrock mining operations in the West have been well documented. In 1999, the National Academy of Sciences published Potential Environmental Impacts of Hardrock Mining, outlining environmental consequences starting with exploration and ending with mine post-closure.

The largest and most expensive Superfund sites in the United States are Mining Megasites.

Despite the environmental record of the hardrock mining industry, the basic law regulating the industry has not changed since its passage in 1872.

More than a few political, sociological and economic reasons are often given to explain the lack of change in the law. It was enacted at a time when mining was considered the engine for Western development. The post Civil-war era had led to the public's renewed interest in Western expansion, and dreams of mineral discoveries rivaling the successes of the California Gold Rush.

Historical accounts that emphasize aggregate United States economic development suggest that the law fit the times perfectly. In the quarter century following its passage, The United States developed into one of the world's leading economies.

Economic boom and bust periods throughout the twentieth century helped keep the law on the books.

Environmental groups such as Earthjustice support the Act, saying Hardrock Mining Reform is Long Overdue.

The National Mining Association opposes the bill, saying, "The bill approved today by the House falls far short of the reforms we have worked hard to achieve to provide a fair return to the taxpayer for the use of federal lands and greater regulatory certainty".

© 2007. Patricia A. Michaels