There are literally tens of thousands of abandoned hardrock mines across the West. These mines are a hazard to the environment because they leak heavy metals and other contaminants into ground and surface water. They also present a risk to public safety because of their mine shafts, unstable waste rock dumps, and the like. Some of the abandoned mine lands (AMLs) have identifiable owners who bear the responsibility for cleanup, but many do not.

Photos of abandoned mines in Montana taken on a Lighthawk flight.

Some people think there may be government agencies, individuals, or other interested parties who would volunteer to clean up these sites at their own expense, as good Samaritans. The problem that might stop these good Samaritans is the liability of the existing pollution. No one would voluntarily clean up an abandoned mine if it meant becoming liable for existing pollution problems, the conventional wisdom went.

Thus, “Good Samaritan” legislation was born. MEIC does not oppose the basic concept: allowing voluntary cleanup of AMLs without the assumption of the associated liability. There are, however, many other details that can be worked into such legislation and turn it in to a bad thing.

Take this past year for instance. There were two Good Samaritan bills introduced in Congress: S.1848, introduced by Sen. Ken Salazar (D-CO) and a Bush Administration bill, S. 2780. Both of these bills took the concept and expanded it to unacceptable proportions. Worse still was that Montana’s own Sen. Max Baucus was a co-sponsor and vocal proponent of the Salazar bill.

Of the two bills, Salazar’s is the worst. It contains three major provisions that sparked MEIC’s opposition. First, not only does it include a liability waiver but also an exemption from most major environmental laws, including any state or local ones. Second, it allows for re-mining and possibly new mining at a site. Together, these provisions could negate Montana’s ban on open-pit, cyanide-leach mining.

Finally, the bill allows the current owner (and person liable for the clean up) to sell all interest and liability in the site to a subsidiary. The subsidiary could then get authorization under the bill for cleanup and, with it, exemptions from existing laws. Imagine if a company like ASARCO were allowed to take advantage of this type of legislation and avoid its responsibilities for the Mike Horse Dam.

Mike Horse Mine settling ponds.

On top of those major deficiencies, both bills contained no provision for funding. The bills would create additional requirements for states to meet, forcing them to create a new permitting program, but not provide any money.

Before Congress recessed for the November election, the Salazar bill passed out of committee to the Senate floor. The general consensus was that the bill would not be addressed when Congress reconvened after the election and would expire with this session of Congress.

Recent rumors from Washington paint a different story. It appears that Sen. Salazar is going to attempt to amend his bill into another piece of legislation destined for passage.
This is an issue that has received too little attention. Allowing companies to dodge cleanup liabilities is wrong. MEIC will be working hard to defeat this legislation and to persuade Sen. Baucus to remove his name as a sponsor.