The Mining Law: A Study in Perpetual Motion

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Originally published in 1987, John D. Leshy presents this scholarly study of the 1872 Mining Law as a legal treatise and history of mining in the West from the point of view of mineral exploration and production. This mining law governed the United States mining practice yet had never been changed. The Mining Law attempts to highlight the role of policy and government as well as the more obscure elements of the law which complicated mining practice in the eighties. This title will be of interest to students of Environmental Studies and policy makers.

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Editorial Reviews

From the Publisher
'A definitive account of federal mining policy from the era of the California Gold Rush to the present. Major legislative reform is urgently needed. . . and Leshy concludes this lucid and judicious legal study with some constructive policy recommendations.'
Western Library

'In this comprehensive and quite readable volume [the author] relates how, if not entirely why, the mining law became, in the words of an early critic, a perpetual motion machine seemingly designed to promote litigation, create controversy, and occasional difficulties.'
Amicus Journal

'Sufficiently technical and scholarly to be useful for lawyers and at the same time sufficiently free of jargon and clearly organized so as to be understandable to nonlawyers.'
Rural Development Perspectives

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Product Details

  • ISBN-13: 9780915707263
  • Publisher: Taylor & Francis
  • Publication date: 1/28/1987
  • Series: RFF Press Ser.
  • Edition description: 1
  • Pages: 540
  • Product dimensions: 6.40 (w) x 9.10 (h) x 1.50 (d)

Table of Contents

Foreword; Preface; 1. Introduction 2. Origins 3. The Mining Law: An Overview 4. Free Access: History of its Decline 5. Success, Abuse, and Difficulty: The Up and Down Sides of Free Access in Operation 6. Of Anachronisms, Ambiguities, and Frustration: The Mining Law’s Ingenious Machinery in Operation 7. Evolution of the Law of Discovery 8.The Law of Discovery Today: Policy and Applications 9. The Problem of Scale: Multiple Claims and the Mining Law 10. Regulating Mining Law Activities to Protect the Environment 11. The Special Problem of Wilderness 12. The Split Estate: Federal Minerals under Privately Owned Surface 13. Administering the Mining Law: The Role of the Executive and the Courts 14. Reforming the Mining Law: A Brief History 15. Can Two Million Potential Property Interests on the Federal Lands Be Wrong? 16. The Leasing Alternative- and Strategic Minerals 17. The Mining Law Today: Prospects for Change; Appendix A: The Mining Law Excerpted; Appendix B: Outline of Typical Miners’ Rules; Notes by Chapter; Acronyms Used Frequently in the Text; Name Index; Subject Index

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