Mining And Enviromining Law For Industrial Minerals And Rocks

With the advent of the environmental "green" movement of the 1960s, eventually leading to Earth Day 1970, Congress responded by passage of the National Environmental Policy Act (NEPA), 1970. NEPA gave impetus to a flood of federal acts and laws in the subsequent three decades. Many of those protecting man's environment, health, and well-being also affect mining. For purposes of this chapter, a current mineral law summarization lends itself to a division into two parts: viz., Part I, General Mining Law, and Part II, Enviromining Law. The word enviromining has been coined by the author and is defined and used herein as those federal and state statutes and regulations that were created to provide protection and preservation of man's environment, health, safety, and welfare, and they have particular application to and affect on mining activities. They are listed and treated under Enviromining Laws in Part II. Mining, as a basic industry to provide the essential minerals for mankind's necessities and well-being, truly reflects the mining industry's slogan, "If it can't be grown, it must be mined." Without the basic minerals and rocks won from the earth by mining and mineral processing for their valuable physical properties or chemical constituents, man would soon be forced to revert to the cave-dwelling age. Unfortunately, for man to survive in the "manner of life to which he has become accustomed," he is caught between the demands of cleaning up his deteriorating environment and a continued supply of his basic requirements and amenities for daily living supplied by mining of the earth's minerals. He must have "clean living" at the same time with "good living;" neither is expendable. A very high pricetag accompanies this essential and critical choice which must be paid by society. The United States is internationally recognized as the world leader in environmental matters. Many countries are following suit, principally the other Anglo nations. Because US law is founded and based on English law, on occasion, Anglo-American law is referred to and cited as authority in litigation anywhere in the Anglo-American world of jurisprudence. For this reason, and because mining and the industry is international in nature and operations, some British Commonwealth cases will appear in various topics. If the case is of interest to the reader, further inquiry at a law library may be made through use of the case's style and citation given. "Style" refers to the name of the litigating parties. "Citation" refers to the law publication in which the case and decision may be found, as well as the jurisdiction and court of decision. Citation of cases from the United States and British Commonwealth nations is explained under Case Citation Explanation. Space and time limit exhaustive treatment of subjects and covering all geographic and jurisdictional areas. This chapter is intended as a broad outline and is based on the author's master's thesis at the University of Missouri-Rolla, 1992. The following Case Citation Explanation provides guidance on formatting of citations.