The mining law : a study in perpetual motion
著者
書誌事項
The mining law : a study in perpetual motion
Resources for the Future, Inc., c1987
大学図書館所蔵 件 / 全1件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Bibliography: p. 381-496
Includes indexes
内容説明・目次
内容説明
In this highly entertaining as well as profoundly scholarly study of the 1872 Mining Law, John Leshy has produced both a legal treatise and a history of the West written from the vantage point of mineral exploration and production. The Mining Law illuminates some of the more obscure corners of Western history, federal land and resource policy, and the relationships among various branches of government in making and carrying out policy.
For more than a century the mining of hard-rock minerals in the United States has been carried out under this law, which was written to promote mineral development in the age of the pick-and-shovel prospector. It is the last important survivor of the great laws undergirding the westward expansion. The Mining Law has never been changed to reflect modern mining technologies or newer social values that question whether mineral extraction is the best use of the land and its resources. From its enactment, the Mining Law's inadequacies have given rise to illegal abuse, litigation, and patchwork regulation by federal agencies and judge-made law. Leshy explains how the law has survived by a combination of executive and judicial manipulation in the face of legislative paralysis. Today, as concern mounts about economic efficiency, government regulation, environmental protection, the rebuilding of the nation's industrial base, and competing uses of the land and its resources, the argument for reform of the law becomes compelling. The present law not only obstructs the very mineral development it was designed to promote; it may no longer be in the national interest. Certainly any future attempts to rewrite or amend the Law will start off with Leshy's exposition and analysis of its origins, operation, and implementation, and his detailed examination of the issues surrounding the law, its interpretation by courts and administrative agencies, and the attempts to adapt the law to changing conditions and social goals. Assessing the prospect for reform in today's political climate, he suggests arrangements regarding the law's reform that might be concluded by industry, small operators, and environmental protection advocates as well as creative measures that might be taken by Congress, the president, and the courts.
目次
Table of Contents
1. Introduction
2. Origins
3. The Mining Law: An Overview
4. Free Access: A 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
「Nielsen BookData」 より
