A Review of Policies and Regulations Governing Mine Tailings and Waste in the U.S
Abstract
Richards, B
Meeting U.S. critical mineral needs for the clean energy transition while ensuring environmental protection requires an updated regulatory framework for mine tailings and waste. This review examines the evolution of U.S. mining law from the General Mining Law of 1872 through successive environmental statutes (NEPA, Clean Water Act, RCRA, CERCLA), illustrating how this layered legal framework shapes modern mine waste management. Federal permitting processes for mining projects are analyzed, with attention to interagency coordination, bonding requirements, often lengthy NEPA review timelines, and recent reforms to streamline approvals (e.g., FAST-41 and new 2025 federal initiatives). The study evaluates reclamation bonding and tailings management standards, highlighting the prominent role of state regulations and the absence of a unified federal tailings dam safety law. New policy measures, including the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 and Interior Secretary’s Order 3436, are reviewed for their potential to facilitate mine waste remediation and critical mineral recovery. Case studies from Arizona, Nevada, Utah, Alaska, and California illustrate diverse state-level mining and waste permitting regimes, complemented by comparative tables contrasting state and federal standards. Key policy gaps and reform opportunities are identified, such as instituting a federal hardrock mining royalty, further streamlining permitting processes, addressing ESG pressures, reducing liability barriers to tailings reprocessing, and advancing circular economy goals. The analysis underscores the importance of aligning mine waste regulation with critical mineral supply needs and environmental protection, and calls for interdisciplinary solutions spanning policy, law, engineering, and sustainability.
