Tools for Regulating the Environmental Impact of Mining in the United States
Editors' Summary: Mining law in the United States is a complex patchwork of federal and state statutes and regulations. This Article provides a basic summary of that law. It begins with an overview of the mining industry. It examines the types of minerals mined, relevant forms of land and mineral ownership, and potential environmental impacts. It then discusses legal tools for restricting the use of land for mining and limiting mining's adverse environmental effects. Finally, it proposes ways to strengthen regulation of ongoing monitoring at mining sites and reclamation as part of ongoing operations, and suggests improvements to mechanisms for funding regulatory programs and assuring that finances will be available for reclamation.