The Mining Law of 1872: Past, Politics, and Prospects
History has left us a classic image of western mining in the grizzly forty-niner squatting by a clear stream sifting through gravel to reveal gold. What this slice of Western Americana does not reveal, however, is thousands of miners doing the same, their gravel washing downstream, causing the water to grow dark with debris while trout choke to death and wash ashore. Instead of the havoc wreaked upon the western landscape, we are told stories of American enterprise, ingenuity, and fortune.\...
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Bakken traces the roots of the mining law and details the way its unintended consequences have shaped western legal thought from Nome to Tombstone.
Disclosure Statement and Acknowledgments ix Introduction 1 Chapter 1 An Act to Promote the Development of the Mining Resources of the United States 8 Chapter 2 Local Mining District Regulations 16 Chapter 3 Congress Speaks: The General Mining Laws 25 Chapter 4 Courts Speak: Mucking Out Waste and Processing Words 32 Chapter 5 Location, Location, Location 37 Chapter 6 It's Off to Work We Go 55 Chapter 7 Spurs, Dips, and Angles 62 Chapter 8 Litigation 72 Chapter 9 Tailings, Slickens, and Slimes 82 Chapter 10 Hydraulic Mining 94 Chapter 11 Modernizing the Mining Law of 1872 106 Chapter 12 Environmental Law in the Age of Aquarius 116 Chapter 13 A Frontal Attack on the Mining Law of 1872 126 Chapter 14 The Continuing Attack on the Mining Law of 1872 147 Chapter 15 Badger State Battle for Mining 164 Conclusion 175 Notes 188 Index 233
