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March 18, 1996 For Immediate Release

ELI Digs Up the Facts on State Mining Regulations

Although the Clinton Administration's failed attempts to reform
the General Mining Law of 1872 have recently called national
attention to mining operations on federal lands, environmental
regulation of "hard rock" mining for metals and industrial
minerals remains largely in the hands of the states where the
mines are located. "Hard Rock Mining: State Approaches to
Environmental Protection" is a systematic analysis of mining
regulation in seven western states -- Arizona, California,
Colorado, Idaho, Montana, Nevada, and South Dakota -- that
represent the full spectrum of state approaches to mining
regulation.

"The fact that the U.S. EPA is now exploring using RCRA, the basic
solid waste statute, to regulate mining underscores the absence of
federal law in mining regulation -- The real action is in the
states," says James McElfish, director of ELI's Mining Center, and
lead author of "Hard Rock Mining." Despite the importance of
mining to the U.S. economy and mineral extraction's undeniable
impacts on the environment, less is generally known about the
environmental regulation of hard rock mining than almost any other
field of economic activity.

Experts disagree on the need for change in mining law. Mining
industry representatives often argue that the states are doing a
good job under the status quo. Many state officials want to keep
state control while receiving additional federal technical and
financial assistance. There is a widespread perception among
environmentalists, however, that state programs have not met the
need to curb environmental insults resulting from mines.

Several states have recently enacted or substantially amended
their environmental laws concerning mining, but hard rock mining
regulation is by no means a comprehensive or mature regulatory
system. Many states have cobbled together their programs from bits
and pieces of other regulatory programs and jurisdictions.
Although this has had undeniable advantages in terms of
flexibility, it has also produced some unwieldy systems under
which multiple permits are needed yet key activities or elements
are not clearly addressed. The hard rock ming industry and state
regulators are understandably wary of following the path of coal
mining regulation, where highly prescriptive federal provisions
are administered consistantly by authorized states, this lack of
consistency among states has perhaps made mining more
environmentally problematic than it otherwise might be.

"Hard Rock Mining" does not attempt to identify an "optimal"
system of environmental regulation for mining. Using the "case
study" approach, each chapter begins with a brief description of
the state's mining industry; delineates what is and what is not
regulated under the state's regime; outlines the law's effects on
the design, construction, and operation of mines; highlights
requirements for monitoring and reclamation of mine sites and the
closure and post-closure care of mine-waste disposal areas. In
addition, "Hard Rock Mining" reviews financial assurance,
enforcement, and corrective action requirements.

The Environmental Law Institute is an internationally recognized
independent non-profit research and educational center that
fosters the development of creative solutions to critical
environmental problems. The Institute engages a broad constituency
of environmental professionals in government, industry, the
private bar, public interest organizations, academia, and the
media by fostering constructive dialogue on environmental law,
policy, and management topics. ELI does not litigate nor lobby on
environmental issues.

Individual copies of "Hard Rock Mining: State Approaches to
Environmental Protection" are $29.95. Complimentary review copies
are available to the press. To order, call 1-800-433-5120.  In the
Washington, DC, metro area call (202) 939-3844. For more
information about ELI, please call Eric Eckl at (202) 939-3248