Federal Environmental Laws that Govern U.S. Mining

More than three dozen federal environmental laws and regulations cover all aspects of mining. The following list includes some of those major laws. In addition, each state has laws and regulations that mining companies must follow.

• National Environmental Policy Act - requires an interdisciplinary approach to environmental decision making.
• Federal Land Policy and Management Act - prevents undue and unnecessary degradation of federal lands.
• Clean Air Act - sets air quality standards.
• Federal Water Pollution Control Act (Clean Water Act) - directs standards for surface water quality and controlling discharges to surface water.
• Safe Drinking Water Act - directs standards for quality of drinking water supplied to the public (states are primary authorities) and regulating underground injection operations.
• Solid Waste Disposal Act - regulates generation, storage and disposal of hazardous waste and manages solid, non-hazardous waste (states).
• Comprehensive Environmental Response, Compensation and Liability Act -requires reporting of hazardous substance releases and inventory of chemicals handled.
• Toxic Substance Control Act - requires regulation of chemicals that present risk to health or environment.
• Endangered Species Act - lists threatened plants and animals; protection plans mandated.
• Migratory Bird Treaty Act - protects nearly all bird species.
• Surface Mining Control and Reclamation Act - regulates coal mining operations and reclamation.

Other laws that impact mining include:

• the Rivers and Harbors Act,
• the Federal Mining Law,
• the National Historic Preservation Act,
• the Law Authorizing Treasury's Bureau of Alcohol, Tobacco and Firearms to Regulate Sale, Transport and Storage of Explosives, and
• the Federal Mine Safety and Health Act.

Environment

Environment

Climate Change

Climate Change

Water Issues

NMA v. Jackson Documents

NMA has challenged the Environmental Protection Agency's (EPA) obstruction of coal mining permitting using proposed changes to the Clean Water Act and the Surface Mining Control and Reclamation Act.

Stream Protection Rule

The Office of Surface Mining (OSM) has proposed a "stream protection rule" that represents a sweeping change to surface mining regulations under the Surface Mining Control and Reclamation Act (SMCRA) program.

Vally Fills in Appalacia

The definition of "fill material" - material that is legally authorized for perminent placement in carefully engineered earth and rock structures designed to hold excess earth and native material in rugged, steep terrain - needs to include mining overburden from coal mining activities. These valley fills are carefully constructed and have a long history of successful environmental compliance with strict state and federal laws and regulations. They are the only viable option for the disposition of large volumes of material from road building, construction and mining. They create accessible flat land above the flood plain-a rarity in Appalachia-and provide needed jobs, transportation and a reliable energy source to the entire region.