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Hard-rock Mining Issues in New
Mexico
Mining, long a major industry in New Mexico,
has had a severe environmental impact on public and private lands
and rural communities in the state. Modern mining involves:
- Contamination of land and water with toxic leachate elements
such as cyanide and mercury
- Acid Rock Drainage, a perpetual water-pollution problem if left
untreated
- Dangerous high walls and mine pits on public lands
On a national level, mining generates twice as much hazardous waste
as all other industries and municipal landfills combined; the proportion
may be even higher in New Mexico.
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Federal Mining Law of 1872
The Forest Service and Bureau of Land Management also have
to contend with the federal 1872 Mining Law which has been
interpreted as an absolute right to mine on public lands anywhere
an ore body is found regardless of potential environmental
damage. The law was conceived during the Industrial Age
of the 19th century to encourage migration to the western
United States, and to help bolster western mining in order
to feed a nation undergoing an industrial growth spurt.
From the Mineral Policy Institute
MINING LAW FACTS
- Under the 1872 Mining Law, public land is being sold for
$5.00 per acre.
- Since 1872, the U.S. government has given away over 3.5
million acres of public and-an area equivalent to the state
of Connecticut.
- The 1872 Mining Law forces the government to give away
$2 billion-$4 billion in minerals every year.
- The 1872 Mining Law has no provisions for environmental
protection.
- The 1872 Mining Law's lack of environmental accountability
has left 557,000 abandoned hardrock mine sites unreclaimed.
For more information on the 1872 Mining Law, see the Mineral
Policy Center's "The
Last American Dinosaur: the 1872 Mining Law".
See the Law Center's representation
of Picuris Pueblo against the Oglebay Norton mica mine operation
for a case study in how the Mining Law of 1872 is affecting
New Mexico and the West currently.
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New Mexico Mining Act of 1993
Aware of these problems and of the need for state legislation
(New Mexico was one of two states without a hard-rock mining
law until March, 1993), the Law Center joined a coalition
working for reform. In early 1992, the Center conducted a
statewide poll concerning both the 1872 Mining Law and state
mining issues; the poll found that New Mexicans overwhelmingly
support reform of the federal laws and better regulation of
mining at the state level. In 1993, the Law Center, along
with our allies in the Mining Action Network, pushed the legislators
of our state to pass the New Mexico Mining Act (NMMA).
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photo
courtesy of Lighthawk |
As we move into the twenty-first century, the future of this law
is being decided in courtrooms and administrative hearings. The
Law Center, along with the other member of the Mining Act Network,
is fighting to keep regulators true to the intent of the law, so
that the NMMA truly protects the environment of New Mexico and gives
citizens the ability to protect their air, water, habitat and landscapes
for years to come. The future of this law in New Mexico will have
ramifications throughout the Western U.S.
History
Since the early 1990s, the Law Center has been involved in several
landmark mining cases; we were also a major player in the passage
of the Mining Act in 1993. Many of our current cases are testing
the provision of the Mining Act that companies must restore the
land and waters of their mines to an ecosystem that supports wildlife
once their operations are shut down. Tough reclamation standards
such as this ensure that industry cleans up what it pollutes.
Current major mining cases:
For more information about about uranium mining, please see our
page on the HRI-ENDAUM case.
Links:
http://www.amigosbravos.org
Amigos Bravos is a non-profit river advocacy group with offices
in Taos and Albuquerque. The organization is dedicated to preserving
both the ecological and cultural richness of the Río Grande
watershed.
http://www.mineralpolicy.org
The Mineral Policy Center is a non-profit environmental organization
dedicated to protecting communities and the environment by preventing
the environmental impacts associated with irresponsible mining and
mineral development, and by cleaning up pollution caused by past
mining.
http://www.nmenv.state.nm.us/
The New Mexico Environment Department oversees state regulation
and enforcement of environmental policy in New Mexico.
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