Acid mine drainage: Common law, SMCRA, and the Clean Water Act

Acid mine drainage is a major problem related to coal mining.If unabated, it can severely damage the aquatic environment.Damage resulting from acid mine drainage was first addressed by common law and riparian principles.As societal values evolved and changed, common law principles alone could not effectively control this problem.Preventing and controlling pollution including acid mine drainage are important goals of the Surface Mining Control Reclamation Act' (SMCRA) and the Clean Water Act 2 (CWA).Effective utilization of SMCRA, the CWA, and common law principles are essential to protect against the destruction caused by acid mine drainage.This article will examine how common law, SMCRA, and the CWA address the acid mine drainage issue independently and jointly and how improvements in the control of acid mine drainage can be achieved. I. FORMATION OF ACID RAIN DRAINAGEAcid mine drainage is water polluted with high acidity, sulfates, and metals.3 Acid mine drainage forms when iron sulfides (pyrites and marcasites) in the overburden are exposed to the atmosphere and oxidize in the presence of oxygen and water.The chemical reaction produces ferrous iron, sulfates, and acidity.In other words, water passing through acid-producing material in the mine can generate and pick up large quantities of acidity.Acid mine .Eastern Associated Coal Corp., 800 Laidley Tower, P.O.Box 1233, Charleston, WV 25324.The views herein expressed are those of the author and do not reflect those of her employer Eastern Associated Coal Corp. 30 U.