Mineral Resource Laws: The Spectre Of Ecology

Increasing public pressure and demands from various tiers of government have generated a legislative maze of statutory and administrative requirements facing industries involved in mineral extraction and processing. Each tier, of government has asserted concurrent jurisdiction and threats of harsh measures if industry does not satisfy all requirements. In the field of water pollution control, federal requirements have increased, carrying with them increasing techniques of enforcement - ranging from injunctions through criminal penalties. Federal laws have required that states formulate water quality standards as an adjunct to federal regulation. Florida has reacted with the Water Pollution Control Act of 1967. This act incorporates state water quality standards and permit requirements for any installation constituting a potential source of pollution, and provides for civil sanctions as well as injunctive relief. The federal government has utilized an 1899 law to require a permit for discharges into navigable waterbodies - a term which has been judicially defined to include any watercourse capable, after reasonable improvement, for use in the transportation of waterborne traffic. Failure to secure these permits can result in the issuance of an injunction or civil or criminal penalties. The Corps of Engineers will not issue these permits without the approval of the discharge by state, local and other federal agencies. Air pollution similarly is regulated by a multi-tiered network of laws and administrative standards. Federal regulation has increased from early research support in the 1950's through the development of Air Quality Standards and their enforcement by large fines, injunctions, administrative conferences and public hearings. Florida regulation, under the Florida Air Pollution Control Act of 1967, parallels federal law but grants concurrent regulations, requirements and enforcement tools to local and state agencies. Although previous state regulation was minimal, consisting only of three acts passed in 189 1, 1899, and 1911, in the future the mining industry will have to contend with this increasing network of ecological requirements. It is recommended that the industry take the initiative by involving Florida in the Interstate Mining Compact, as well as seeking the passage of a state reclamation law funded by a severance tax.