The Mining Law of 1872: Change is Overdue

Abstract

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.

Headwater Streams and Wetlands are Critical for Sustaining Fish, Fisheries, and Ecosystem Services

“…These land uses and others have eliminated countless headwater streams and wetlands that once served as natural primary, secondary, and tertiary nutrient, sediment, and contaminant treatment systems, thereby leading to untreated runoff from diffuse pollution sources (Karr and Schlosser ; Karr ; Gammon ; Woody et al. ; Hughes et al. ; Daniel et al.…”

“…Two striking U.S. examples are discharge effluent from mining (Woody et al. ; Daniel et al. ; Giam et al.…”

Recovery of a mining-damaged stream ecosystem

“…The ecological impairment of lotic environments by metal mine contamination is a longstanding problem that has occurred in many areas (Woody et al, 2010;Byrne et al, 2012;Hogsden and Harding, 2012). In the USA, at least 156 hard-rock mining sites requiring restoration have been inventoried and could cost as much as $24 billion USD to address (Gustavson et al, 2007).…”

Recreational fisheries in the USA: economics, management strategies, and ecological threats

“…Trautwein et al [21] reported that fish assemblage condition in Austrian streams declined with increased levels of catchment agriculture and urbanization and decreased levels of forest. In a series of western USA case studies, Woody et al [22] summarized the negative effects of metal mining on salmonids. Daniel et al (unpublished data, 2014) found that mineral and coal mining at the catchment scale had a greater effect on fish assemblages, including game species, than did that mining at the local scale and compared with catchment-scale urbanization or agriculture.…”