Combatting Abandoned Mines: Good Samaritan Remediation of Abandoned Hardrock Mines Act

By: Isabelle Munsell

The growth and dependency on the mining industry during the nineteenth and twentieth centuries was critical to the United States economy. As a result, mines spread across the country without much thought to mining practices or the corresponding consequences. Today, there are an estimated 140,000 abandoned hard rock mines, with 23,000 located in Colorado, and around 23,000 that may pose environmental concerns.

The mining practices have historically been centered around saving money by leaving waste where it may lie and abandoning the property. In order to mine a mineral from the Earth, everything from the trees, soil, and rock must be removed to reach the ore body. All of this removed material becomes waste, the number one product of mining. In underground mining, similar practices are followed after inserting tools and leaving them, and the generated waste, behind. The removed ore is treated with various chemicals and undergoes physical processes to extract profitable materials. Tailings, the residue that remains after being treated, are then disposed of in piles or ponds and are thus exposed to a new environment. Given that tailings are the remnants of chemical and physical processes, they are highly susceptible to the oxidation process and may be extremely hazardous. Once exposed to oxygen and water, the tailings find their way into our surface streams or aquifers–traveling thousands of miles from their mine. In fact, the EPA estimates that hard rock mines contribute to 40% of the country’s river contamination and 50% of all of the country’s lakes.

There are three main methods of mining pollution: 1) erosion; 2) leaching; and 3) acidification. Erosion occurs when wind or precipitation causes the deterioration of particles and can greatly impact surface water, wetlands, aquatic life, and soil nutrition. Leaching is the process of rainwater dissolving soluble components of the rock. The heavy metals cause a drop in the pH level and cause the water to become acidic–increasing the ability to leach. Leaching can impact both surface and ground waters–directly impacting both animals and humans. Lastly, acidification occurs when iron sulfides are exposed to water and oxygen and they form dilute sulfuric acid and ferric hydroxide. This acid mine drainage is twenty to three hundred times more acidic than acidic rain, which often causes the pH level to drop below the critical threshold to sustain aquatic life. At some point, the acid mine drainage will precipitate and become visible, most noticeably “yellowboy,” an orange-colored slime.

Despite these known consequences to the environment and public health, two main issues deter action: 1) oftentimes, the individuals responsible for these mines no longer exist or cannot be found financially responsible; and 2) under current law, anyone who attempts to clean up a site is liable for its pollution. As a result, over the past twenty-five years, representatives have been pushing for the passage of the Good Samaritan Remediation of Abandoned Hardrock Mines Act. In December of 2024, with the support of conservation groups, the mining industry, and bipartisan members of Congress, President Joe Biden signed this act into law. This act removes the redlines regarding liability by instituting a pilot program for permitting the cleanup of specific abandoned mines.

To be eligible for cleanup, a site must be on federal or non-federal land used for the production of minerals other than coal, for which  there is no identifiable responsible owner. In addition, a “Good Samaritan” is restricted to any potential nonprofit, state agency, local government, or private organization and must apply for a permit. Under this act and pilot program, fifteen permits will be issued to “Good Samaritans” over seven years. With these permits come the benefits of not having to obtain separate Clean Water Act permits, providing CWA and CERCLA liability protections and grant funding. If things go well with the pilot after seven years, then Congress will consider making it a permanent program.

There are several abandoned mines in Colorado that fit the criteria, and the Trout Unlimited group is hopeful that one of the fifteen pilot programs will be in Colorado. Although this is a step in the right direction for tackling abandoned mines, the success of the program depends on the EPA’s support and funds. Given the current political climate and the recent cuts to the EPA’s budget, this new law may struggle under this administration, causing continued environmental pollution, slower remediation progress, and increased burdens for other programs and agencies.

It would be great to add a sentence on what options there are if this doesn't receive federal support anymore.