Peter Dykstra: The steal of the last century and a half

The General Mining Law of 1872 turned 150 this month. It hasn’t changed a bit.

For sustained, systemic swindle, May 10, 1872, may be the top of the heap for Congress. And by the top, of course, I mean the bottom.


The Civil War had ended only seven years earlier. Efforts to unravel Reconstruction in the South were well underway. Three years to the day earlier, the driving of the Golden Spike completed the Transcontinental Railroad, hastening the white settling of the West and the displacement of Native Americans.

The riches of the American West were laid bare: massive grazing lands, vast forests, and yet-undiscovered mineral wealth. The General Mining Law of 1872 allowed hard-rock mineral claims in public lands for the cost of about $5 an acre—about $115 in today’s dollars. And the price tag hasn’t increased. Not in 150 years.

I used to be fond of saying that an acre of rights for gold, silver, or platinum could be had for the price of a family-sized bag of Doritos, but no more. Inflation has grown the Doritos price. The gold, silver, or platinum, not so much. Add to the bounty the so-called “rare earths” like lithium, vital in high tech industries.

Toxic wastewater

Claimants owe the U.S. taxpayers nothing in royalties, and nothing in cleanup costs for the staggering amounts of contaminated water and tailings left behind. Thousands of abandoned mines now litter the West. They’re left behind by long-vanished mine operators or foreign-based firms beyond the reach of state or federal regulators.

In 2019, the advocacy group Earthworks pitched a major overhaul of the 1872 law, including substantial procedures to restore explored and mined sites, and a minimum 12.5% royalty on extracted minerals.

That same year, an Associated Press investigation found millions of gallons of toxic wastewater flowing from abandoned mine sites daily—potentially into streams, wells, and other drinking water sources.

Aging ungracefully 

In late 2021, the Democrats’ razor-thin majority presented the best chance in years to update the 1872 law.

That chance was killed by two Democrats, Nevada’s Catherine Cortez Masto and, you guessed it, West Virginia’s Joe Manchin. Coal is not covered by the 1872 law, by the way.

So the 1872 Mining Law ages further, and no more gracefully, fouling waterways and fleecing taxpayers, all in one fell swoop.

Peter Dykstra is our weekend editor and columnist and can be reached at pdykstra@ehn.org or @pdykstra.

His views do not necessarily represent those of Environmental Health News, The Daily Climate, or publisher Environmental Health Sciences.

Banner photo: Abandoned Eagle Mine, Tennessee Pass, Colorado.

A view down a highway at the skyline of Toronto Canada

Opinion: Adaptation policies must be built around the local communities facing climate change

While Canada has made palpable progress in terms of climate adaptation, a fundamental governance problem remains.

A young Asian boy sitting at a sewing machine in a factory

Factory workers in Pakistan endure extreme heat as brands fail on safety pledges

Extreme heat intensified by climate change is creating dangerous conditions for factory workers in Pakistan.
A view of a raging creek with trees on the banks

Deadly New Mexico flood exposes failures to protect residents from climate-driven disasters

Despite repeated warnings that wildfire-scarred mountains could unleash catastrophic flooding, officials in Ruidoso, New Mexico, prioritized tourism and racetrack investments over flood protections.

Two men carrying a plywood sheet past a manufactured home

At the Wall of Wind, engineers blow homes apart to learn how to save them

Extreme weather threatens millions of manufactured homes. Researchers are looking for practical ways to make them more more wind resilient.
A view of a man's hand holding a black gun

Climate change increases gun violence incidents in the United States

Climate Central analysis shows how temperatures boosted by human-caused climate change contributed to the number of gun violence incidents from 2021–2025 in 100 U.S. cities.

Cooling tower of nuclear power plant in France

Britain rethinks its nature protections to unlock nuclear development

As Britain pursues a “golden age” of nuclear power, it faces the industry’s endemic time and cost overruns.

A power station with cooling towers seen at sunrise

Emissions gap report identifies US as outlier among G20 nations

The scientific report, identifies the United States as an outlier among the nations responsible for the vast majority of greenhouse gas emissions.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.