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The Mining Law of 1872: Change is Overdue
Author(s) -
Woody Carol Ann,
Hughes Robert M.,
Wagner Eric J.,
Quinn Thomas P.,
Roulson Leanne H.,
Martin Lori M.,
Griswold Kitty
Publication year - 2010
Publication title -
fisheries
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.725
H-Index - 79
eISSN - 1548-8446
pISSN - 0363-2415
DOI - 10.1577/1548-8446-35.7.321
Subject(s) - acid mine drainage , streams , environmental science , leaching (pedology) , aquatic ecosystem , mining engineering , law , ecology , geology , environmental chemistry , chemistry , soil water , biology , computer network , computer science , soil science , political science
Hardrock mining for metals has been, and is, an economically important land use in all western U.S. states. However, metals contamination associated with mining can be highly toxic to aquatic life, the composition of metal‐bearing rock often leads to acid mine drainage and increased concentrations of dissolved metals, and mine‐related disruptions to soil and water often produce excess fine sediments and altered stream flows. Such environmental degradation leads to large numbers of perpetually polluted streams and impaired aquatic life and fisheries. The primary U.S. law governing mining, the General Mining Law of 1872, was passed during the pick‐and‐shovel era to encourage economic growth; however, modern mining processes are massive in extent, highly mechanized, and incorporate additional toxic chemicals for leaching metals from ores. We provide an overview of hardrock mining impacts to aquatic life, a set of mining case studies, and suggestions for amending U.S. mining law. Our hope is that this article will lead to improved management and rehabilitation of existing mine sites and sufficient protections for the aquatic life and fisheries likely to be disturbed by future mines.