Since Utah’s first mining district was established in 1863, mining has driven the economic growth of our state, attracted entrepreneurs and investment, gathered workers from all over the world and created new communities in nearly every corner of Utah.
Utah is blessed with a rich and diverse mineral endowment. Starting in the early 20th century, industrial-scale mining operations have produced prodigious amounts of mineral commodities including gold, silver, copper, iron ore, beryllium, uranium, coal, phosphate, potash and many more. Utah also hosts 40 of the 50 federally designated “critical minerals” which are essential for our country’s economic and national security.
Utah’s leaders have made concerted efforts in recent years to grow Utah’s mining industry and attract new investment, and they are succeeding. Utah was recently ranked as the number one mining jurisdiction in the world by the Fraser Institute, a prestigious Canadian think tank.
Modern mining companies in Utah and throughout the developed world use new technologies and best practices developed over decades to extract mineral resources in a responsible and environmentally-friendly manner. Strict and comprehensive state and federal mining laws and regulations ensure that mines operate without risking the health and safety of workers, surrounding communities or the environment at large. When a mineral resource has been depleted, mine operators must reclaim mined-out areas and ensure their long-term safety and stability. The average citizen would have a hard time identifying former mining operations that have been reclaimed to modern standards.
Unfortunately, prior to modern mining regulations, after a mine was depleted or deemed unprofitable, miners could simply walk away, no cleanup required.
Federal agencies have identified at least 140,000 abandoned hardrock mines scattered across America. Utah’s Abandoned Mine Reclamation Program estimates that Utah has about 17,000 abandoned mine openings — many dating as far back as the late 19th and early 20th centuries. Anyone who comes close to them is at risk of rock collapses, dangerous gases, unstable structures and, of course, abandoned explosives. Some of these historic mines are actively contaminating rivers and streams, threatening downstream users and drinking water.
Despite the danger to Utahns, mining companies, state agencies and nonprofit organizations with the willingness and expertise to clean up abandoned mines cannot do so. Under the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act, only the Environmental Protection Agency (EPA) has authority to remediate these sites.
Under the current laws, “Good Samaritans” who wish to clean up an abandoned mine could be subjected to extensive permitting requirements, face violations and sanctions from federal agencies and take on liability for pre-existing mine waste or pollution. As a result, local remediation efforts are stopped before they can even begin.
Additionally, federal cleanup projects have cost taxpayers billions of dollars. From 2008-2017, federal agencies spent $2.9 billion to address the hazards created by abandoned mines.
The federal government should not be in the business of punishing those who want to clean up our environment — holding “Good Samaritans” responsible for hazards and waste created decades before. Now, Congress is one step closer to creating liability shields so that we can make real progress on cleaning up that which was left behind.
In a rare move of bipartisanship, the Senate has passed the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024. This legislation would allow “Good Samaritans” — including mining companies, state agencies, local governments and nonprofit organizations — to clean up abandoned hardrock mines without taking on liability from the EPA. The bill authorizes a pilot program that would authorize permits for 15 low-risk remediation projects to move forward.
The bill is sponsored in the U.S. House of Representatives by Utah’s Congresswoman Celeste Maloy. It is co-sponsored by Utah’s other House members, Congressman John Curtis, Congressman Blake Moore and Congressman Burgess Owens, along with 26 other bipartisan co-sponsors. The bill recently passed out of three separate House committees and is scheduled for a vote on the floor this week.
This legislation has been years in the making. It’s time for the House to pass it so we can remediate the abandoned mines in our state without burden or threat of liability.