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Review Notes on  Env Soc: Mining
External
Links
Link
 Mining  
Link
          A socio hist analysis of mining  
Link
          SW Va mining  
Link
 Participants in the envl debate  
Link
          Participants in the mining debate  
Link
          Mining issues:  Mining as an envl problem  
Link
 Environmental law   
Link
          Mining law  
Link
          SMCRA  
Link
 Solutions  
Link
          Mining solutions  

 
Internal
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 Outline on the  Mining Industry
External
Links
  -  Video:  Mining
Link
  Introduction
Coal mining is done both in the East & in the West
Hard rock mining is scattered throughout the US
Mining has had significant envl problems
We are now struggling to prevent more problems & to correct the problems of the past		  
 
 There are two basic types of mining, deep mining & strip mining, but mining for each mineral is a different process
 
  Mining methods include surface mining, underground mining, & hydraulic mining  
 
 Mountain top removal is a type of strip mining where the top of a mountain is removed & put in the mountain's surrounding valleys, & generally not put back or reclaimed as is done w/ conventional strip mining
 
  a.  Surface mining methods include:
- Dredging
- Open pit mining
- Strip mining & mountain top removal
- Quarrying		  
  b.  Underground mining methods include: 
- Room & pillar mining
- Longwall mining
- Sublevel stoping
- Cut and fill mining
- Block caving
- Sublevel caving		  
  c.  Hydraulic mining is generally done above ground, & may include placer mining, but may also be done underground  
 
 Mining is dangerous & demanding work which generates a sense of purpose & collective identity
 
 
 Miners have a strong occupational culture
 
 
 Mining is an high reliability organization ( HRO ) & has an HRO org culture which is built on the shared group responsibility for the work below ground & the relatively isolated work community
 
  See Also:  HRO Org Culture  
 
 See Also:  The History of Mining  
 
 Miners have been united by a powerful union, the UMWA, but today, fewer miners are organized
 
 
 See Also:  The UMWA  
 
 Since their early days, neither Am miners nor the Am Labor Mvmt has had a pivotal role in national politics, including envl issues, as is the case w/ British miners, & other European workers
 
  British miners & European workers are even more politically influential than the Am workforce & Labor Mvmt because they have always been better organized & formed a political party  
  SOME FACTORS AFFECTING MINING 
 
 The political weakness of Am miners is the result their geographic isolation in Appalachia, which is the center of Am coal mining, and it the West which is the center of the metal mining industry
 
 
 The chronically depressed, semi rural regions of mining are a weak springboard for collective action on miners' demands
 
  Mining has traditionally resulted in economically depressed areas  
  Mining is subject to its own business cycle, independent of the cycle of the general econ  
 
 Miners have always kept their ties to the rural econ, & during the economic downturns of the mining industry, miners have reverted to rural & ag pursuits such as gardening, hunting, & raising chickens & eggs 
 
 
 The availability of these alternatives has, to some extent, precluded the necessity of organizing to demand redress for problems in the industry (Gaventa, 1980)
 
  Absentee ownership has developed the coal industry through absentee capital investment and export oriented production creating economic colonies in coal regions  
  The effects of absentee ownership include:
- a lack of local commitment to labor
- a lack of investment in social infrastructure
- a lack of concern for the env
- a lack of concern for local econ development		  
  Coal firms are are absentee landowners & so have not supported the local area  
  The owners of the coalfields pay little tax in comparison to typical landowners because a coal severance tax is paid in lieu of real estate taxes & the severance tax is negligible compared to real estate taxes  
  Typically local govts are financed primarily by real estate taxes & because of the lack of real estate taxes paid by coal firms, the counties have relatively little income  
 
 The development of coal mining has had a historic impact on energy use & a parallel effect on the env
 
 
 At one time we used mostly wood for energy, next came coal, & now coal & oil & others
 
 
 We use mostly nonrenewable resources including fossil fuels & nuclear fission in the following proportions:
35%  oil
24%  coal
18%  gas
  6%  hydro
  5%  nuclear fission
12%  biomass
11%  other
 
  Renewable energy sources include hydroelectric, solar, wind, geothermal, (and theoretically nuclear fusion)  
  Peripheral nations have 4 times the population of the core nations but uses only 1/3 the energy as the core, but are expected to surpass the core in energy use by 2020  

 
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 Outline on a  Socio Historical Analysis of Mining
External
Links
  -  Supplement:  Arch Coal eyes selling area coal mines
Link
  The first known mining occurred around 6,000 BC when miners dug pits & tunnels to get flint for tools & weapons
 
  Around 3,500 BC, the mining of tin & copper for bronze became common around the hearth areas of civilization
 
  The ancient Romans were probably the 1st people to see that mining could make a nation rich through mining of precious stones, precious metals, & commercial metals such at tin, marble, etc.
 
  The Romans took over the mines of every nation they conquered
 
  There were few advances in mining until 1400s when coal & iron were mined in Europe
 
  The Incas & others in So Am mined for metal & precious stones & metals
 
  Mining began in US in the 1600s
 
  Early on in the US, the French mined lead & zinc in Mississippi River valley
 
  In the mid 1800s, large amounts of coal were mined in PN & thousands followed the gold rush to the West & CA  
  Coal deposits cover about 50,000 sq mi in Appalachia which were discovered by engineers during the Civil War
 
  Coal mining in Appalachia decreased the number of farms as farm land was deep & strip mined
 
  The number of farms in Appalachia has decreased because mining destroyed the farm land
1925  --   2,091 farms
1950  --   1,749 farms
1935  --   89,710 acres considered farmland
1950  --   acreage drops to 67,742
 
  Coal mining has decreased the average size of farms in Appalachia
 
  1860  -- Four years after formation of Wise County, the average size of a farm was 432 acres
1900-- Average had dropped to 92 acres
1950-- Average decreases to 38 acres
 
  Early coal mining caused the population to increase in Appalachia
1860  -- 4,508 people lived in Wise County
1900-- Over 19,000 people and close to 21 corporations engaged in coal producing business
1902-- Wise County became the leader in coal production with 2.5 million tons
 
 
 After the coal mining boom, the population decreased in Appalachia
 
 
 Miners were powerful force in national politics since they were a powerful force in the early & contemporary Labor Mvmt in the form of the UMWA  
  The importance of mining in the econ system also made mining politically powerful  
 
 See Also:  The UMWA  
 
 Miners & the UMWA were instrumental in establishing an even handed govt approach to trade unions
 
 
 In the coal strike of 1902 & 1903, President Theodore Roosevelt threatened to nationalize the industry & have the army mine the coal unless the owners & workers bargained collectively
 
  Teddy Roosevelt took neutral stand in union battle of 1902-3  
 
 See Also:  Landmark Strikes  
 
 The development of coal mining technology decreased the number of jobs while simultaneously increased environmental effects
 
 
 Jobs in coal decreased while it's environmental impact increased because of more mechanized production tech, increased job safety, a decline in the coal supply, & increased environmental controls
 
  The steady mechanization of mining tech has resulted in a steady decline in the mining workforce  
  The Clean Air Act also increased decline while industry technologically adjusted to it  
  At first, industry substituted oil & gas for coal, resulting in a decline in the demand for coal, but over time, as clean coal tech developed, & the general demand for energy increased, the demand for coal returned to previous levels & has since increased  

 
Internal
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 Outline on  SW Va Mining
External
Links
  -  Video:  Mining 
Link
  -  Project:  Your Experience of Mining 
Link
  MINING DEMOGRAPHICS   
  There are approximately 4,400 workers in Wise county employed directly in the mining industry 
 
  The mining industry generates over $134 mm in wages & salaries in Wise 
 
  SW VA has 44 mineable seams throughout seven counties including Lee, Russell, Wise, Buchanan, etc.
 
  Wise County produces 28% of all VA coal 
 
  Wise County has 46 underground mines 
 
  There are 51 surface mines in SW VA in the 1990s   
  VA has high quality, low sulfur & ash content coal   
  The Powell River Project is a cooperative project for w/ industry, govt & ed which is leading the reclamation efforts through the planting of pine trees, cattle grazing, grass & legume planting   
  The money for reclamation is paid by the coal industry   
  MINING TECHNIQUES IN SW VA   
  Primarily, three underground mining techniques are used in the Appalachian coalfields, including drift mouth mining, slope mining, & shaft mining 
 
  In drift mouth mining, the miners enter the seam at an outcrop & follow it in 
 
  In slope mining, the miners enter the seam via a sloping shaft & follow it 
 
  In shaft mining, the miners dig a vertical shaft to the seam 
 
  Historically, mining has had a low level of regulation in SW Va   
  Because mining had a low level of reg in SW Va, there was mining done under towns & cities, homesteads were destroyed, watersheds were destroyed or polluted  
  The coal culture permeates the local Appalachian culture   
 
 Man trip vehicles are the vehicles miners use to travel in mines & most are on tracks 
 
 
 Continuous mining machines cut the coal 
 
  Continuous haulage systems move the coal 
 
  Roof bolting machines bolt the rood to keep it from collapsing 
 
 
 Pillars of coal are first left, then taken out allowing roof to fall or subside 
 
  Subsidence is a problem for any land owner who owns land above an underground mine because their land contour may change, collapse, develop a sink hole or a water drainage crevice   
  Construction on any land that has been mined is problematic because of subsidence & settling   
  In longwall mining, the miners support the roof w/ a steel canopy, which is removed allowing roof to fall in behind the shields 
 
  Contour, finger ridge or mountain top removal are types of strip mining that are becoming more common 
 
 
 In surface mining, miners use explosives to break up the overburden & then huge machines dig out the coal 
 
 
 Underground mined coal is more likely to need washing and sizing   

 
Internal
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 Outline on the  Participants in the Environmental Debate
External
Links
  -  Project:  Participants in the Env Debate
Link
  -  Project:  Video:  Yellow Creek & Participants in the Public Policy Issues
Link
  GROUP THEORY   
 
 Group theory, aka pluralism, holds that pol decisions are result of struggles among competing interests who have access to pol process
 
  In any social / political conflict, the amt of pwr of each grp varies slightly over short run & much more over the long run  
  Some of the hist changes of power levels amongst participants in social debates include: 
- the public in gen has gained pwr
- industrialists who have lost absolute political power, but have gained pwr in magnitude
- the media which has expanded reach but not issue clarity
- rec & env who have gained pwr
- the govt has gained & then lost some pwr / status since the 1980s		  
  Group theory holds that in a democracy, & to a lesser extent in an autocracy, each participatory grp has a role in pol & social debate  
  Each policy debate, public issue, etc. has its own unique set of participants  
  A conflict resolution analysis looks at who has how much power & their role as a participant in the political & social debates  
  PARTICIPANTS IN THE ENVL DEBATE   
 
 Participants in env debate include 6 broad strata of the population including: (PIMREG)
- the general public 
- industrialists
- media
- recreationists
- environmentalists
- govt
The participants may also be referred to as stakeholders or social groups, interest grps, etc 
 
  In forestry, there are three major grps involved, including:
- industrialists
- the recreationists
- the environmentalists		  
  Domhoff views conflict in democratic nations as involving three participants, including the corporate coalition, i.e. big business, the small business coalition, & the labor liberal coalition  
  THE CHARACTERISTICS OF THE PARTICIPANTS IN THE ENVL DEBATE, (PIMREG) IE STAKEHOLDERS, SOC GRPS, INT GRPS, ETC INCLUDE THEIR INTERESTS, IE THEIR BELIEFS, VALUES, ETC  
  The general public has an unformed interest in any particular env issue; ie, they have not committed or made up their mind yet, though in the long run they do have an interest; it just has not been recognized yet   
  Industrialist have a resource use or resource mgt in the env   
  Historically industrialist consumed nat resources w/o regard to sustainability, but today many claim, some accurately, some inaccurately that they have a sustainability pt of view towards resources   
  Industrialist will generally publicly adhere to the conservationist perspective, but not generally the preservationist perspective   
  Some industrialists public voice support for conservation & sustainability but their policies & actions indicate they are primarily concerned w/ profits, mkt expansion, etc   
  An interest indirectly related to resource use has been the ability to pollute, to dispose of haz mat, to degrade the env, to completely consume a resource, & to put the costs of these processes on other stakeholders  
  The media in the West has, in the last 100 yrs, primarily subscribed to the philosophy of journalism whereby they attempt objectivity & so their interest is merely to report the facts as they see them   
  Given the politicization of both public policy & science the media often appears & is biased   
  In an attempt to appear objective many media outlets will report on stakeholders from many perspectives of an issue when the objective science indicates there may not be such perspectives   
  Recreationists have interests of both conservation & preservation of the env in that they have the interest of a range of activities from simply exploring the env to passive tourism to active recreation to extreme sports   
  Many recreationist have an interest in some level of resource use provided sustainability is a real outcome & not simply a false pronouncement   
  Many recreationists have an interest in a high level of preservation   
  Environmentalists have interests of both conservation & preservation of the env  & the values supporting these interests overlap w/ those of the recreationists, but generally include a stronger aesthetic ethic which sees the env as a good or entity as an end in itself   
  Govt entities, like the media, have generally adhered to a strategy wherein they are objective representatives of the people, & not directly the env   
  The govt has generally followed the lead of Western history, of the public, in that all levels of govt, natl, state, & local, have become more concerned w/ estbing both conservation of the env, w/ sustainability, & some preservation   
  The govt is often 'captured' by the industrialists, representing their interests over that of the public & other stakeholders  

 
Top
  
Table on the Social Groups in Env Debate (aka Participants or Stakeholders [ PIMREG ] )
Gen Public
Industrialists
Media
Recreationists
Environmentalists
Govt
Native Am Loggers Natl media: CNN, CBS, ABC, NBC, NYT, Wash Post & Internet Outfitted recreationists Preservationists World Orgs: WTO, World Bank, IMF, UN
Professionals, scientists, etc. Ranchers/ farmers Regional media
Large urban areas		 Motorized recists Conservationists US Fed Govt Link
Retirees Millworkers/ laborers Local media
Small cities, towns, etc.		 Hunters Restorationists Exec Branch: Fed land mgt. agencies: BLM, Nat Park Service, Nat Mar Fish. Service, FS, US Fish & Game, EPA, etc.
Foot-loose Miners Websites Non motor recists Radicals State Govts
State Forestry Services
State EPA's
Locals Oil & Energy Email lists, blogs, etc. Water recists Grass Roots env grps Local Govts
Counties & cities
Note, some cities are as pwrful as some nations: NYC, Beijing, etc.
Large & small private land holders  Large retailers   Tourists Other social justice orgs
 
Regional peoples: East, West, Urban, Rural, etc.     Large rec biz  
 
International peoples Biz orgs, e.g. NAM, Chamber of Commerce Media advocacy orgs Rec Orgs: rec adv grps Env Orgs: The big 10 env grps, intl env grps NGOs
Biz serving gen public Biz serving indl gps Biz serving the media Biz serving recists Biz serving envlists Biz serving govt
Other gen pub Other indists Other media grps Other recists Other envlists Other govt grps
t is necessary to include an “other” category under each of the major soc grps since some grps may not match grps as listed 
  Examples of "others" might be tree planters, mushroom pickers, media, water recists, photographers, etc. 
  While each of these grps is important, it is not possible to include every grp

 
Internal
Links

Top
 Outline on the  Participants in the Environmental Debate
External
Links
  -  Project:  Participants in the Env Debate
Link
  -  Project:  Video:  Yellow Creek & Participants in the Public Policy Issues
Link
 
 Group Theory, aka pluralism, holds that pol decisions are result of struggles among competing interests who have access to pol process
 
  In any social / political conflict, the amt of pwr of each grp varies slightly over short run & much more over the long run  
  Some of the hist changes of power levels amongst participants in social debates include: 
- industrialists who have lost absolute political power, but have gained pwr in magnitude
- env & rec who have gained pwr
- the public in gen has gained pwr
- the govt has gained & then lost some pwr / status since the 1980s		  
  Group theory holds that in a democracy, & to a lesser extent in an autocracy, each participatory grp has a role in pol & social debate  
  Each policy debate, public issue, etc. has its own unique set of participants  
  A conflict resolution analysis looks at who has how much power & their role as a participant in the political & social debates  
 
 Participants in env debate include 6 broad strata of the population including:
- industrialists
- the general public 
- recreationists 
- environmentalists
- govt
- media
 
  In Forestry, there are three major grps involved, including:
- industrialists
- the recreationists
- the environmentalists		  
  Domhoff views conflict in democratic nations as involving three participants, including the corporate coalition, i.e. big business, the small business coalition, & the labor liberal coalition  

 
Top
  
Table on the Social Groups in Env Debate
Industrialists
Gen Public
Recreationists
Environmentalists
Govt
Media
Loggers Native Am Outfitted rec'ists Preservationists World Orgs: WTO, World Bank, IMF, UN Nat'l media: CNN, CBS, ABC, NBC, NYT, Wash Post
Ranchers/ farmers Professionals, scientists, etc. Motorized rec'ists Conservationists US Fed Govt Link Reg'l media
Large urban areas
Millworkers/ laborers Retirees Hunters Restorationists Exec Branch: Fed land mgt. agencies: BLM, Nat Park Service, Nat Mar Fish. Service, FS, US Fish & Game, EPA, etc. Local media
Small cities, towns, etc.
Miners Foot-loose Non-motor rec'ists Radicals State Govts
State Forestry Services
State EPA's		 Websites
Oil & Energy Locals Water rec'ists Grass Roots env grps Local Govts
Counties & cities
Note, some cities are as pwrful as some nations: NYC, Beijing, etc.		 Email lists, blogs, etc.
Large retailers Large & small private land holders  Tourists Other social justice orgs
 
 
  Regional peoples: East, West, Urban, Rural, etc. Large rec biz  
 
 
Biz orgs, e.g. NAM International peoples Rec Orgs: rec adv grps Env Orgs: The big 10 env grps, int'l env grps NGOs Media advocacy orgs
Biz serving ind'l gps Biz serving gen public Biz serving rec'ists Biz serving env'ists Biz serving govt Biz serving the media
Other ind'ists Other gen pub Other rec'ists Other env'ists Other govt grps Other media grps
It is necessary to include an “other” category under each of the major soc grps since some grps may not match grps as listed
Examples of "others" might be tree planters, mushroom pickers, media, water rec'ists, photographers, etc.
While each of these grps is important, it is not possible to include every grp

 
Internal
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 Outline on   Mining Issues
External
Links
  -  Project:  Mining Issues & Participants
Link
  SUMMARY OF MINING ISSUES:
1.  AMD
2.  Siltation / erosion
3.  Degradation of top soil		 4.  Degradation of ground water
5.  Subsidence
6.  Effects of burning coal 
 
  ACID MINE DRAINAGE   
  Acid mine drainage (AMD) causes river & lake damage
 
  According to Bur of Mines AMD primarily from coal strip mines adversely affects more than 12,000 mi of rivers & streams & more than 180,000 acres of lakes in the US   
  In the Appal Region, over 6,000 miles of streams are dead or severely polluted from AMD
 
  In WV, 832 streams, or 3,000 mi of waterways, or 10% of states waterways have AMD & another 73% are subject to chronic acidification 
 
  Many of these streams were once productive fisheries    (esp trout) 
 
  SILTATION / EROSION 
 
  Where reclamation is absent or done incorrectly: 
 
  -  rivers & lakes become damaged by eroded sediments 
 
  -  the landscape is eroded away 
 
  DEGRADATION OF TOP SOIL   
  There is no real est of how many reclamations are poorly done 
 
  The reclamation of mined land only began in 1977   
  Much reclaimed landscape is incapable of growing anything but poor grasses or white pines, which are low quality wood   
  SUBSIDENCE   
  Subsidence is when the surface land changes contour because of the collapse of mining caverns below it   
  Reclaimed land is either unsuitable or poor for construction purposes because of subsidence   
  Subsidence can be seen in simple, small changes in top soil contour, in sink holes, water drainage crevices opening up, unstable soil, etc.   
  DEGRADATION OF GROUND WATER   
 
 Ground water is often "sunk" meaning that the water table drops as mines create drains btwn rock layers allowing the water table to drain down 
 
  Ground water can be degraded when mines fill w/ fresh water, & each more minerals into the water table   
  EFFECTS OF BURNING COAL   
 
 CO2  --  Global warming
Acid rain
Misc. air pollution affecting respiration:  sulfur, etc.
Mercury causes cancer & birth defects
(Examined more under air pollution)
 

 
Internal
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Top
 Outline on a  Summary of Environmental Laws & Regulations
External
Links
  Table on Environmental Law by Administration & Topic of Env Law
 
  The Table on Env'l Law shows that env'l law is a patchwork of laws & regs that have provided an inconsistent, conflicted, & overly complicated regulatory climate for industry & env'ists  
  Most observers agree that the major US env laws include the 
1969  Nat'l Env'l Protection Act    (NEPA)   estb EPA
1972  Clean Water Act 
1976  Nat Forest Mgt. Act
1977  Clean Air Act
1980  Superfund
1990  Reauthorization of Clean Air Act
 
 
Modern major US env'l legislation was begun in the 1960s w/ a flurry of activity

The major theme of modern env'l legislation is that the fed govt must take a major role in solving what was beginning to be called the env'l crisis

Early in the mod env'l leg era, participants believed a limited partnership btwn the feds & the states was insufficient to achieve env'l goals

Early in the mod env'l leg era, the env'l crisis became a global issue
 
  Many major env laws such as the establishing of the Forest Reserve system under Pres TR, the establishment of the EPA under Pres Nixon, the AK lands bill under Pres Carter, & the establishment of the Roadless Rule under Clinton were all the work & effort of a far sighted president more than the govt responding to public pressure as activated through Congressional led legislation  
  Significant env leg has been passed by Congress as the result of public pressure such as the Superfund law, the Clean Air Act, & several clean water bills
 
  There are six broad categories of env law including: 
 
  1.  Air Law
 
  2.  Water Law
 
       -  Native Americans & Water Law
 
       -  Water Projects & Irrigation Law
 
       -  Drinking Water Law  
       -  European Water Law  
  3.  Waste & Toxic Material Law
 
  4.  Land Use Law
 
  5.  Forest Law
 
  6.  Other Law  
       -  Energy Crisis Law  
       -  Mining Law   
       -  Flora & Fauna Law  

 
Internal
Links

Top
 Outline on   Mining Laws
External
Links
   Introduction:  Mining law centers around FIVE major mining laws including: 
 
Link
 1. General Mining Law of 1872
 
Link
 2. Mineral Leasing Act of 1920
 
Link
 3. Material Disposal Act of 1947
 
Link
 4. Mining in the Parks Act of 1976
 
5. Surface Mining Control & Reclamation Act of 1977  
  1.  General Mining Law of 1872
The GML of 1872 
- granted wide rights to extract ore from public lands
- required miners to pay a nominal fee for mining rights 
- has estb. today's ming fee at $2.50 per acre
- estb. no requirement to pay a % of value of the ore mined
- allowed mining rights to be maintained from gen to gen
 
  The Provisions of the General Mining Law of 1872
30 USC Sections 22-54
-  give indiv or corps who find metallic ores on fed land the right to mine them at min cost
-  allow staking claims on fed land, so long as they spend min amt of $ to dev the site, $100 for a 20 acre site
- estb. the principle that if a person proves claim can be economically mined, the claim can be "patented," i.e. purchased which leads to the full ownership of land & mining rights
-  estb. a fee for patenting as either $2.50 or $5 an acre
-  estb. no royalty for ore is paid 
 
  2.  Mineral Leasing Act of 1920
The Mining Leasing Act regulates fossil fuel mining on fed land
Under the provisions of the MLA, the BLM & FS may issue mine leases on fed land
Under the provisions of the MLA, the BLM & FS may deny a lease because of env concerns 
 
  3.  Materials Disposal Act of 1947
Amended by Common Varieties Act of 1955

The MDA regulates mining of sand, gravel, etc.

Under the provisions of the MDA, the mining operators must consult w/ & get approval of land agency who is in charge of the land they wish to mine, e.g. FS must approve mining on FS land

Under the provisions of the MDA, the Forest Plan could include the amt of mining allowed
 
  Common Varieties Act of 1955  regs common minerals regs common minerals:
- gravel
- stone
- sand
- soil 		  
  4.  Mining in the Parks Act of 1976
No new mining claims allowed in NPS
But claims are still allowed on FS, BLM & other Fed land under terms of Gen Mining Law of 1872
 
  5.  Surface Mining Control & Reclamation Act of 1977
Link
 
 Regulation of mining on fed land:
 
  Today mining on fed land is largely governed by laws passed more than 100 yrs ago  
  THREE laws govern mining on fed land:
1. General Mining Law of 1872 regs mining hard rock minerals
   - gold
   - silver
   - other precious metals 
2. Mineral Leasing Act of 1920 regs mining fossil fuels 
   - coal
   - oil
  - nat gas
3.  Materials Disposal Act of 1947 as amended by 
     Common Varieties Act of 1955  regs common minerals:
   - gravel
   - stone
   - sand
 
  Approval of mining ops is admin by BLM w/ input of controlling agency  
  Info on OSM's restorations          www.osm.gov/osm.htm
Link
  Dept Labor's Links to State Mining Agencies       www.msha.gov/SITEINF1.HTM
Link

 
Internal
Links

Top
 Outline on   SMCRA
External
Links
   Introduction:  Mining law centers around FIVE major mining laws including: 
 
  1. General Mining Law of 1872
 
  2. Mineral Leasing Act of 1920
 
  3. Material Disposal Act of 1947
 
  4. Mining in the Parks Act of 1976
 
  5. SMCRA of 1977
 
  Summary: 

The Surface Mining Control & Reclamation Act of 1977

SMCRA covers all surface mines as well as the surface effects of underground mines

The public participation & citizen suit provisions of SMCRA are widely utilized by participants to ensure that mining ops follow the law

SMCRA regulates all related surface activities including:
- coal prep & processing facilities
- coal wastes piles, called gob piles
- loading facilities
- reclamation
 
   SMCRA's three broad policies require that:
 
  1.  mine operators bear full cost of reclamation   
  2.  stripping be considered as a temporary use of the land & afterward land must be capable of supporting its approved post mining use  
  3.  citizens are allowed to take an active role in ensuring the law is enforced  
 
 OSM
 
  Congress estb the Office of Surface Mining Reclamation & Enforcement under the Dept of Int to carry out SMCRA  
  OSM's director is appointed by the Pres, approved by the Senate & reports to Dept Int  
  SMCRA's prohibition on mining certain lands includes provisions that miners:  
  - cannot mine where reclamation is not feasible  
  - cannot mine 
   Nat Parks
   Nat Wildlife Refuges
   fed wildernesses
   Wild & Scenic River Sys (unless they are grandfathered in)		  
  - cannot mine w/in 300 ft of occupied 
   homes
   churches
   public buildings
   public parks		  
  - can mine in Nat Forests if "there are no significant recreational, timber, economic, or other values which  may be incompatible"  
  THE SMCRA REGULATORY PROGRAM   
  SMCRA gives states the lead role in regulating mining  
  SMCRA requires states to designate land as suitable or unsuitable for mining, esp hist sights  
  SMCRA only requires that states meet fed benchmarks  
  Under SMCRA states must
  a.  issue permits to mine
  b.  estb bonds to ensure reclamation
  c.  set & enforce performance standards by inspection & review		  
  PERMITTING & BONDING   
  Under the permitting & bonding standards of SMCRA, operators must 
-  include their financial & legal status past hist of compliance w/ law
-  report on affected land & its ecology
-  report on mining plan & reclamation plan
-  show they can meet all SMCRA requirements
-  obtain bonding to cover the cost of reclamation		  
  The weakness of bonding is that reclamation bonds are not required by law to actually be worth anything in that they are only a 'promise to pay'   
  Thus some corps have chosen bankruptcy, which allows them to default on the bond & reclamation   
  Corps that default on bonds often reorganize into 'new corps' if they wish to continue operations in another location  
  PERFORMANCE STANDARDS   
  Performance standards
Under the performance standards of SMCRA, operators must 
-  return land to condition so it can support previous use
-  restore land to "approximate original contour"
-  min damage to hydrological sys by avoiding AMD & siltation
-  reclaim land as soon as is practical		  
  INSPECTION & ENFORCEMENT   
  Under the inspection & enforcement standards of SMCRA:
-  states must regularly inspect mines
- ops may not be conducted if they pose imminent hazard to public health & safety or to env		  
 
 State enforcement actions are normally written in the form of a:
- NOV:  Notice of violation
- CO:  Cessation order

Can be against the miner operator & corp officers

Penalties aganst mining ops include:
- civil fines
- criminal prosecution
- permit suspension or revocation
- prohibition against further permits
 
  OSM oversight
If OSM finds violations, if states fail to act in 10 days, then OSM can take action
OSM can take over state reg program		  
  Citizens' rights provisions
SMCRA gives legal standing to persons who have an interest that might be affected by a mine

Those people & orgs who experience the direct effects of a mining op may have legal standing under SMCRA

Those people & orgs who have an aesthetic or recreational interest of a mining op may have legal standing under SMCRA

Those people & orgs who are citizen grps on behalf of their members in relation to a mining op may have legal standing under SMCRA

  
  When may you participate?
1.  People & orgs may participate under SMCRA during permit process w/: 
     - comments on permit application
     - request informal conferences w/ state
     - request formal public admin hearings

2. People & orgs may participate under SMCRA during any significant alteration of a permit, & thus alteration of a permit is nearly the same as new permit

3. Citizens may comment or object whenever
    - permits are renewed or transferred
    - op requests bond release

4. Citizens have right to 
    - call for & participate in inspections of mine property
    - informal or formal proceedings to challenge state failure to enforce regs
   - appeal any adverse decisions to cts

5. Citizens can challenge in ct any SMCRA reg or the designation of land as suitable or unsuitable

6.  Sue if fed or state govt or op fails to comply w/ SMCRA
     Citizens can be awarded damages as a result of this case

7.  Appeal OSM decisions to Office of Hearings & Appeals @ Dept of Int or w/ Int Board of Land Appeals

8.  Request OSM review of state enforcement & ask for intervention in state reg program

  
  Other legal requirements
States must advertise each step in permit process in county newspaper
Major OSM rulemaking decision is posted in Federal Register
Actions of fed & state are subject to FOIA		  
  Abandoned Minelands Reclamation Fund 
    (AML Fund)
Provides $ to clean up, restore & reclaim strip mines from before 1977
Reclamation fee:  $ .35 per ton of strip coal
   $ .15 per ton of deep coal
   $ .10 per ton of lignite

Only 10% of $ may be used to treat water at mine sights
Only pre-1977 land may be served under the AML Fund
Special Reclamation Funds cover abandoned/forfeited mines after 1977

  
  Appalachian Clean Streams Initiative    ACSI
In 1994 OSM & EPA organized this grp
ACSI is a broad-based multi-agency program to eliminate AMD
The mission of ACSI is to facilitate & coordinate 
-  citizens grps
-  university researchers
-  coal industry
-  corporations
-  env'l grps
-  state & fed govt		  
  AML Fund finances
The AML Fund has over $1bb in 2000
Spends approx $200mm / yr on reclamation

Grps are pushing for more $$ for lime/neutralization projects

  
  Info on OSM's restorations     www.osm.gov/osm.htm
Link
  Dept Labor's Links to State Mining Agencies         www.msha.gov/SITEINF1.HTM
Link

 
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Internal
Links
Summary of the   Environmental Solutions Process
External
Links
  There are two aspects of any social / political issue that must be addressed in order to find a societally accepted solution, including:
I.    the reduction physical problems
II.  the process of social change		  
  I.  The reduction of environmental physical problems in finding a solution to a social issue / problem may be accomplished via FOUR stages including prioritizing, examining context, invoking best practices, conducting a cost / benefits analysis, & proposing actual solutions  
  A.  In order to find a solution, problems must be prioritized & examined in their context of relations & dynamic feedback loops of other problems / issues  
  B.  In order to find a solution, the best available practices / sciences must be invoked to reduce the physical aspects of the problem / issue  
  The science to reduce most social problems / issues is generally available, but not applied, as seen in that we know how to reduce pollution, but as a society we choose not to  
  Society knows how to feed & give health care to children worldwide, but as a society, we choose not to  
  C.  In order to find a solution, a cost & the benefits analysis of reducing / eliminating the problem must be done w/ attn paid to the economic multiplier effect & economic incidence  
  D.  In order to find a solution actual alternatives must be proposed  
  II.  The achievement of social change around any issue / problem can only be accomplished through the involvement of participants & the institutional of social change  
  A.  Involvement of participants in finding a solution to a social problem / issue must seek to involve all participants in open dialogue w/ the aim of solution seeking  
  1.  Involvement of environmental movement  
  2.  Involvement of industrialists  
  3.  Involvement of recreationists  
  4.  Involvement of general public  
  5.  Involvement of government  
  B.  The institutionalization of social change is accomplished by way of making new social roles & relationships standardized w/in society so that they are integrated into the very fabric of society as a normal part of everyday life  
  1.  Education of the general public on environmental issues via media, schools, etc. is generally considered to be one of the most effective ways to achieve social change  
  Emotionality:  Many people find personal fulfillment & reward in the environment & thus solutions must take this into account:  They offer a high level of energy & a clear vision  
  2.  Environmentalists help others prioritize  
  3.  Industrialists offer market solutions & respond responsibly to voluntary & govt mandates  
  4.  Recreationists offer market solutions & respond responsibly to voluntary & govt mandates  
  5.  The govt encourages voluntary change & implements laws where necessary  
  a.  The govt passes new laws as a result of public pressure  & / or govt pressure  
  b.  The govt passes new regulations as a result of public pressure  & / or govt pressure  
  c.  The govt reforms agencies as a result of public pressure  & / or govt pressure  
  6.  Legal suits have been very important in changing environmental policy by both upholding & creating law  

 
Internal
Links

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 Outline on the  Social Action & Solutions for Mining
External
Links
  -  Project:  Mining & Mining Solutions 
Link
  -  Project:  Video:  Mining the Solutions 
Link
  I.  REDUCTION OF ENVIRONMENTAL PHYSICAL PROBLEMS 
 
  A.  PRIORITIZATION & INTERRELATION OF ENVIRONMETNAL PROBLEMS 
 
  In order to find a solution to problems / issues in mining, these must be prioritized:  AMD, siltation / erosion, degradation of top soil, degradation of ground water, CO2 emissions, others 
 
  The prioritization of the issues may best be done by consensus of all the the participants   
  Note that worker safety in many extractive industries is much lower than that in other industries & thus prioritization of this issue would tend to create an alliance or common interest w/ labor 
 
  Prioritize these, or tackle them all?  Others? 
 
  B.  APPLY THE SCIENCE TO REDUCE ENVIRONMENTAL PROBLEMS 
 
  The science to deal w/ problems in mining is widely available even while better technological solutions are being developed every day
 
  C.  MAKE BOTH COST & BENEFITS OF  REDUCING ENVL PROBLEMS APPARENT 
 
  The costs & benefits of reducing envl problems are linked to the economic multiplier effect & economic incidence  
  The costs & benefits to society for each of the mining problems & the scientific solutions that accompany them often, but not always offer a net benefit to society
 
  The costs & benefits to society for mining problems & solutions will harm one industry, but increase another, & will result in increased costs to electricity, steel, & other coal related products
 
  It is difficult to balance the increased costs to coal related products w/ increased health & ecological benefits, cleaner water, etc.
 
  Presently, the costs of mining are relegated to the mining regions, & the benefits accrue to other regions  
  Since the costs of mining coal are relegated to the mining regions, these regions will benefit at the cost of other regions
 
  D.  OFFER ACTUAL ALTERNATIVES 
 
  Reducing the direct effects of mining AMD, erosion, top soil degradation, & the ground degradation ground water can be accomplished by using more effective mining methods, that are also more expensive 
 
  Reducing CO2 emissions requires more expensive emissions scrubbing technology & increased conservation & recycling   
  Reducing CO2 emissions is closely linked to other env problems & solutions   
  II.  ACIEVEMENT OF SOCIAL CHANGE 
 
  A.  INVOLVEMENT OF PARTICIPANTS 
 
  The participants in mining are not in agreement on these or many solutions & instead often engage in social conflict using power, money, etc. to achieve their individual & divergent goals 
 
  Through outside social pressure, the participants may come together & agree on continual tactics for the continual improvement of mining problems   
  Presently the industrialists & their allies have greater resources in the social conflict around mining problems, & thus little is done to change the situation   
  Presently many observers recognize that the govt regulators are "organizationally co-opted" by the industry   
  B. INSTITUTIONALIZATION OF SOCIAL CHANGE   
  To improve the conditions of mining the pubic should be educated about all costs & benefits of mining & proposed changes   
  Those outside of the mining industry who experience spillover costs & benefits must help set env'l priorities, thus diluting the power of the mining industry itself   
  Mining industrialists offer market solutions & respond responsibly to voluntary & govt mandates since they will best be able to minimize the costs of adjustment to direct mining solutions   
  Recreationists offer market solutions & respond responsibly to voluntary & govt mandates since they will best be able to maximize the costs of adjustments to reduced mining spillover costs   
  Govt encourages voluntary change & implements laws where necessary   
  How to follow mine activity under SMCRA on private land 
1.  Check newspaper for permits 
2.  File timely comments on permitting, bonding & performance standards 
3.  File timely appeals against permits or renewals 
4.  Ask state or OSM for on-site inspection 
5.  Consider a "lands unsuitable" petition 
6.  Ask OSM to review state program &/ intervene 
7.  Consider a citizen's suit 
8.  Contact state about restoration 		  
  How to follow mining activity on fed land 
1. Get on fed mailing lists to receive notice of proposed mining 
2. File timely comments during NEPA process w/ appropriate agency 
3. For FS land, get involved in forest plan process 
4. Gain support & help from other relevant fed agencies, e.g. Fed Marine Fisheries Service 
5. Organize citizen support & citizen grp support 

Most potent tool against mining abuse has been public support 

  
  NEPA on Mining 
NEPA process is used to review any sign env'l project & always applies to mining 		  
  Trout Unlimited 
2 formalized nat'l partnerships 

1. TU/FS Partnership has promoted & coordinated TU involvement in FS planning, stream restoration, fishery mgt. 

2.  Bring Back the Natives Program 
  TU 
  FS 
  BLM 
  Nat Fish & Wildlife Foundation 
  Bureau of Reclamation 
In this area, the Program worked to bring back native fish to Great Smokey Mtns Nat Park in NC & TN 

  
  Conclusion 
Most mining is influenced by: 
1. Legislation by Congress or the states 
2. Rules by the OSM, implemented by states 
3. Legal suits, which are very individualized 
4. Local grps who most likely influence the state reg agency to do a better job 		  
  Mineral Policy Center:  discusses reform efforts for 1872 Mining Act        www.mineralpolicy.org 
Link

The End
 
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