28 Jul 2010 share experience to strengthen the rule of law environmental justice and Asia and as a basis for strengthening governance justice and the rule of law on environment in the Asia and Pacific region Jeremy H Hovland General Counsel Office of the Mines Adjudication Board Philippines NEAA …

General land management and environmental laws apply but there are no specific statutory provisions under the Mining Law setting surface management or environmental I am here today to discuss with you reform of the General Mining Law of 1872 a complex matter and one that engenders passionate views …

Mr McCrum has litigated cases and counseled companies in matters arising under a wide variety of environmental and natural resource laws including the National Environmental Policy Act the Clean Water Act CERCLA the Endangered Species Act the Federal Land Policy and Management Act the general mining laws nbsp …

15 May 2017 16 970 Last summer the California Supreme Court unanimously rejected a novel defense raised by the defendant in a criminal environmental enforcement prosecution that the federal Mining Act of 1872 preempts state law under which the defendant was convicted of illegal suction dredging in a Northern nbsp …

31 Mar 2017 Environmental Justice at the Fort Belknap Indian Reservation 1872 Mining Law General Mining Act of 1872 enacted by the 42nd United States Congress to protect the right of all 18 The Montana Historical Society Research Center has fairly extensive records relating to Pegasus dating as far back as nbsp …

This spill represents a bigger issue though because hundreds of other abandoned mines remain in the West an unwanted legacy of the 1872 General Mining Law The response to this spill will shape how the Environmental Protection Agency will proceed in addressing potential toxic pollution from hundreds of abandoned nbsp …

Robert C Anderson Federal Mineral Policy The General Mining Law of 1872 16 Nat Resources J 601 1976 Available at discovery of minerals include equity efficiency and administrative feasibility Equity Institute Fellow Environmental Law Institute Washington D C This paper benefited from advice and criticism nbsp …

7 Dec 2016 Environmental justice scholars and advocates and have made three big criticisms of what they call mainstream environmental law First that it It was a great victory for a long political drive to preserve public land that went back to the first national park Yellowstone which was created in 1872 But its nbsp …

Andrew P Morriss Roger E Meiners amp Andrew Dorchak Homesteading Rock A Defense of Free Access under the General Mining Law of Law Senior Associate Property and Environment Research Center PERC Bozeman 4 See e g Mining Laws of 1872 and 1989 Hearing on S 1126 Before the Subcomm on …

25 Jul 2017 Whether a mining site is subject to the General Mining Law GML of 1872 may also govern an agency 39 s liabilities pose an imminent and substantial endangerment to human health and the environment under E O 12580 EPA must secure approval from Department of Justice prior to issuing an order …

In wake of Gold King another round of legislation has been proposed that might help and these proposed bills center on familiar themes of reforming the General Mining Law of 1872 and providing Good Samaritan waivers to environmental regulations The strengths weaknesses and difficulties of the proposed legislation nbsp …

Doug Honnold who worked at Earthjustice from 1992–2014 and was managing attorney of the Northern Rockies and California regional offices explained If any single law has been responsible for more environmental damage in the West than any other a strong case can be made for the General Mining Law of 1872 …

Georgetown University Law Center lazarusr law georgetown edu This paper can be Justice quot The Distributional Effects of Environmental Protection 87 Nw U L Rev 787 857 1993 Richard J Lazarus Professor of Law Georgetown University Law Center 261 General Mining Law of 1872 30 U S C § 23 1988 …

26 Apr 2017 The location of abandoned mines within tribal watersheds and the lack of environmental protections in the 1872 Mining Law has left a legacy for Navajo Birth Cohort Study CDC NCEH ATSDR 5U01 TS000135 05 Center for Native Environmental Health Research Equity NIEHS NIMHD P50ES026102 nbsp …

Nevadans 39 stubborn attachment to the old ways is also evident in a relaxed attitude toward the environmental costs of an industry that according to the epa releases more Reid has been instrumental in blocking efforts to reform the archaic General Mining Law of 1872 a legal blank check that 39 s allowed miners to take an nbsp …

15 Sep 2015 Environmental Justice FLPMA General Issue Number PP NVNORTHEASTCA GRSG 15 03 12 Organization Southern Nevada Water Authority Protestor Zane Marshall Issue Excerpt Text Action SSS 9a under the 1872 mining law may not be subject to the 3 disturbance cap Details about nbsp …

2 Feb 2015 Recently I wrote about the environmental and economic impact of the 143 year old law that governs mining for gold copper silver and other hardrock minerals This isn 39 t the first time The Center for Investigative Reporting dug into this issue In 1994 CIR producer Stephen Talbot and reporters Rick Young nbsp …

20 Sep 2017 Some have programs e g the Texas Environmental Equity Program or study centers e g the Center for Environmental Equity and Justice at Florida Once both a paradigm of brevity in the federal code and a fertile source of work for generations of mining lawyers the Mining Law of 1872 has been nbsp …

9 Apr 1998 Many laws affect public land administration as a general matter but separate laws govern the obtained under the 1872 Mining Law and quickly converted to commercial and residential real estate 8 Nevertheless for several years the Mineral Policy Center has campaigned against an alleged …

The 1872 Mining Law which governs the transfer of rights to mine gold silver copper uranium and other hardrock minerals from federal lands is the subject of continuing and A General Accounting Office 1990 5 report says that the evaluation required for such challenges usually requires 10 000 in staff time alone …

Staff Attorney Smith River Alliance Western Environmental Law Center PO Box 2129 sj loraxlaw org Crescent City CA 95531 grant smithriveralliance org Dave Willis Coordinator found to occupation and purchase Under The General Mining Law of 1872 and related case law the United States Forest Service …

Environmental Decision Making A White Paper of the University of Oregon School of Law Environmental and Natural Resources Law Center 39 s Conservation Trust Project Prepared by ENR Bowerman Fellow Gordon Levitt ENR David Brower Fellow Nathan Bellinger ENR Research Associate Jared Margolis and ENR nbsp …

The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals such as gold platinum and silver on federal public lands This law approved on May 10 1872 codified the informal system of acquiring and protecting mining claims on public land nbsp …

Modrall Sperling 39 s mining and environmental attorneys have extensive commercial and environmental litigation experience in state and federal courts For large scale litigation involving for example antitrust multiple mineral development agreements company wide employment and other complex issues requiring a team nbsp …

THE PRIVATE EQUITY REVIEW THE ENERGY REGULATION AND MARKETS REVIEW THE INTELLECTUAL PROPERTY REVIEW THE ASSET MANAGEMENT REVIEW THE PRIVATE WEALTH AND PRIVATE CLIENT REVIEW THE MINING LAW REVIEW THE EXECUTIVE REMUNERATION REVIEW THE LAW nbsp …

1 Jan 1993 patent provisions of the 1872 General Mining Law an area the size of the State of Connecti cut 137 CONG REC hardrock mineral development more consistent with contemporary environmental values and amend or repeal any provision 39 of the Act quot id at 61 1 according to Justice Black meant that …

16 Apr 2009 quot It is absolutely preposterous to have taxpayers pick up the tab for the environmental mess the mining companies ought to be accountable for quot said Jill Lancelot When Congress passed the General Mining Act of 1872 it sought to incentivize settlers to expand the budding American empire to the Western nbsp …

It has been accepted for inclusion in Washington and Lee Journal of Energy Climate and the Environment by an authorized administrator of Washington to easing only and are not covered by the 1872 Law General Mining Act See also Department of Justice file a civil action for injunctive relief in federal district …

John F Seymour Hardrock Mining and the Environment Issues of Federal Enforcement and Liability 31 Ecology L Q 795 2004 Squillace The Enduring Vitality of the General Mining Law of 1872 18 ENVTL L REP ENVTL Center for Environmental Management CCEM found that where states rely on common …

30 Jul 1980 Reproduced with permission of the Getches Wilkinson Center for Natural Resources Energy and the Environment formerly the Natural Resources Law Center at the University of Colorado Law School Citation Information Mall Loren quot The General Mining Act of 1872 quot 1980 Federal Lands Laws and nbsp …

15 Aug 2015 The problem has its historical roots in the General Mining Law signed by President Ulysses S Grant in 1872 and still in effect mines 10 000 miles of degraded rivers and streams hundreds of polluted lakes and reservoirs and more than 50 Superfund sites reports the Center for Environmental Equity …

29 Jan 2012 Pitting Energy vs the Environment Environment Gets Rare Victory 2 Salazar 39 s authority to impose the ban comes from the Federal Land Policy and Management Act 3 which allows the executive to withdraw land from new mining rights given by the 1872 General Mining Law 4 subject to existing claims nbsp …

For most of this supporters say many thanks to the General Mining Law of 1872 Others consider the law a malevolent antique that destroys the environment and robs the taxpayer as well It is estimated for example that more than 240 billion dollars overall value adjusted for inflation in gold silver copper lead and zinc nbsp …

Developing a Sustainable Hardrock Mining and Mineral Processing Industry Environmental and Natural Resource Law for Twenty First Century People three economies where environmental protection is the economy of nature social equity reform the General Mining Law of 1872 23 and the Federal Land …

by Center for Environmental Equity Larry Tuttle Posted on April 22 2012 Image The Uranium Information Center By Larry Tuttle Founder Over the last two decades I have considered inventing a hypothetical mining proposal to illustrate the absurdities and perils of the 1872 General Mining Law Reality makes this effort nbsp …

ABA section of Natural Resources Energy and Environmental Law Volume 10 Number 10 Summer 1995 within which to register the find with a mining justice or in his absence the local alcalde The size of the From its enactment in 1872 the General Mining Law has never been considered perfect and it has been nbsp …

THE GENERAL MINING LAW OF 1872 – Polluter of water provider of pork OVERVIEW The 1872 Mining Law is one of the last remaining dinosaurs of the old environment JURISDICTION The law covers hardrock mining on 270 million of acres of publicly owned lands – mostly in the Rocky Mountain West and Alaska …

In order to increase public awareness of this important issue West Coast Environmental Law jurisdictions and the experience with free entry 39 s US counterpart the General Mining Law of 1872 Roger Flynn The 1872 Mining Law as an Impediment to Mineral Development on Public Lands A 19th Century Law Meets nbsp …

principles of justice This article explores this third approach to the development of property rights arguing for the explanatory power of distributive justice Appropriation and the General Mining Law stated it thus quot Prior and the General knew every exigencies of their environment applied the rules they had created for …

10 Jun 2001 It 39 s pretty much the same deal miners have had for 129 years ever since Congress approved the General Mining Law in 1872 Stephen D 39 Esposito president of the Mineral Policy Center an environmental group dedicated to mine law reform points to Top Of The World and places like it when asked nbsp …