Human Costs

The human costs of hardrock mining are more often than not devastating. Despite this citizens often have little say about mining activities that come under the 1872 Mining Law. The archaic statute essentially establishes a class system where the rights of communities and citizens opposing mining on publicly owned lands are placed below those of corporations and individuals seeking to extract the minerals for free or to purchase the land for 1872 prices.

To date, the courts have denied citizens the right to challenge the federal government's sale of their land for $5.00 per acre (see below on Crested Butte, Colorado).  It's also the position of the USDA Forest Service that, while they can regulate mining, they cannot outright deny a reasonable mining proposal on public lands open to the 1872 Mining Law.  The Bureau of Land Management has a little more discretion but not much.  See for example Attachment A of Professor John Leshy's testimony before the House Subcommittee on Energy and Mineral Resources, 2009.

Don't take our word for it.  Read investigative reports, newspaper articles and studies about some of the communities affected by mining or the long struggles to prevent mining and preserve quality of life and property values.  Note some of these examples are not about mining on public lands but demonstrate what citizens go through when living near mining operations. Check back as we add to and update the list.
Note - The ORC mine is not on BLM or Forest Service land and therefore the 1872 Mining Law does not apply.  It's used here as an example of how mining could affect property owners.
    • Coos Bay World about the impacts of the Glenbrook Nickel import facility on residents around it.  Note - The Glenbrook Nickel import facility at Coos Bay was on private land. It's used here as an example of how just storing, crushing and loading nickel laterites can impact nearby residents, especially since the mining and processing of nickel laterites is a possibility in Southwest Oregon. 
    See also this Coos Bay World article in which Oregon Department of Environmental Quality official admits the agency bore some responsibility for what resident's suffered during Glenbrook Nickel's operation.  Scroll down to "Red dust remembered."  The article notes that "The [Glenbrook] plant was notorious for spewing red dust over the neighborhood."  This despite dust control systems.
    • The Colorado Springs Gazette on Crested Butte, Colorado's 30 year struggle against mining on the mountain above the town and their unsuccessful efforts to prevent sale of the mountain to a mining company in 2005 for $5.00 per acre under the patenting provision of the 1872 Mining Law. 
    Note - the story of Crested Butte is a prime example of the injustice of the 1872 Mining Law.  Not only were citizens not able to prevent the sale of National Forest land on the mountain above the town but after the federal government sold the land to one mining company in 2005, the struggle against the mining became more complicated.  The 155 acres sold for $5.00 per acre is now private land that's been sold to another company who also wants to use over 9,000 of federally owned land in their mining operation.
    See this National Geographic video about Crested Butte and the 1872 Mining Law. 
      • The Seattle PI's series Uncivil Action and the Environmental Protection Agency about the tragic story of Libby, Montana and a vermiculite mine where hundreds of miners, their wives and children have died from exposure to asbestos.  
      Note - the chronicle of events at Libby is not about 1872 Mining Law issues but about the devastating impact of mining on a community, the mining companies ability to walk away from liability and the American taxpayer footing the bill for clean-up.  It's also about the failure of the state to regulate the mining and protect its citizens.
      Update: "Libby, Montana:  Health risk remains in asbestos plagued town," AP, May 3, 2011.  The AP reports that over 400 people have died over the last several decades in this town of about 3,000 as a result of the asbestos contamination from the W.R. Grace Zonolite Mine and that 1,500 are being treated for asbestos related illnesses.  Libby Montana is the nations deadliest Toxic Superfund site.  To date over $370 million of federal funds have been spent on clean-up at Libby and the jobs not done yet according to the EPA's press release.
        The struggle of tribes, property owners and small communities against the Rosemont Copper Mine is on going.  This article also discusses the controversy about the federal government's ability, or lack thereof, to say no to mining.
        Note - The mining of coal does not come under the 1872 Mining Law but coal mining's effects on communities is instructional.
        • In Arizona the Hualapai tribe does have the ability to say no to uranium mining on their tribal land. And despite jobs and economic incentives they did so.  See this 2009 article from the Arizona Daily Sun discussing the tribes decision to protect their land and water, despite the economic incentives of uranium mining.

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