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.
The General Mining Act of 1872, which declared all valuable
mineral deposits on public lands to be free and open to exploration
and purchase, has had a controversial impact on the western
environment as, under the protection of federal law, various
twentieth-century entrepreneurs have manipulated it in order to
dump waste, cut timber, create resorts, and engage in a host of
other activities damaging to the environment. In this in-depth
analysis, legal historian Gordon Morris Bakken traces the roots of
the mining law and details the way its unintended consequences have
shaped western legal thought from Nome to Tombstone and how it has
informed much of the lore of the settlement of the West.
General
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