By Molly Morgan, Elizabeth Holley and Nicole Smith

January 2, 2025 - The U.S. House of Representatives recently passed the Good Samaritan Remediation of Abandoned Hardrock Mines Act, and with President Biden’s signature Dec. 17, the nation takes a significant step toward addressing one of its longest-standing environmental challenges. This legislation tackles a paradox in existing environmental law: well-meaning organizations are deterred from cleaning up abandoned mines because they could be held legally liable for pre-existing environmental issues. 

Under current laws — including the Comprehensive Environmental Response, Compensation, and Liability Act and the Clean Water Act — any entity that attempts to remediate an abandoned mine can be held legally responsible for the pollution. While designed to ensure accountability for mining companies, this strict liability deters cleanup efforts. The 2015 Gold King mine spill illustrates the risks of navigating complex liability frameworks, where even well-intentioned remediation by the EPA led to a catastrophic release of toxic mine drainage. 

By providing conditional liability protections, the Good Samaritan Act encourages qualified organizations, including nonprofits like Trout Unlimited, local governments and mining companies, to undertake remediation projects without fear of becoming financially or legally penalized for preexisting environmental damage they did not cause. 

Leadville offers a striking example of why this legislation is needed. Once a hub of prosperity during the Colorado Silver Boom of 1877, Leadville now grapples with the environmental scars left by decades of mining prior to environmental regulation. Abandoned mines and tailings piles dot the landscape, leaching acid mine drainage and metals into waterways and posing significant risks to ecosystems and communities. 

The Good Samaritan Act empowers 15 targeted pilot projects in places that could include Leadville, providing a pathway to test effective remediation approaches while ensuring public accountability. Across the country, over 500,000 inactive mine sites await solutions like this.

Effective remediation is as much about people as it is about pollution. The Good Samaritan Act recognizes this by mandating community engagement in its pilot projects, ensuring that remediation efforts align with local needs and values. In towns like Leadville, where mining heritage is deeply intertwined with community identity, this approach ensures that cleanups respect environmental and cultural priorities.   

Lessons from Leadville’s mining legacy underscore the importance of trust. The Climax Molybdenum Company has a long-standing presence and has made efforts to build community support by prioritizing transparency and environmental stewardship. In contrast, the company CJK Milling’s proposal to reprocess mine waste was met with community opposition. Our research suggests that community members perceived the company as lacking sufficient transparency and experience. 

Residents, aware of the difference between genuine and superficial engagement — as demonstrated during opposition to the recent reprocessing proposal —  emphasized the need for meaningful collaboration. The Good Samaritan Act could help bridge this gap by setting clear standards for public accountability and community input.

Collaboration is the cornerstone of successful remediation. Policymakers, industry leaders, nongovernmental organizations and community members must unite to address liability concerns while upholding environmental and social responsibilities. The drafting of the Good Samaritan Act itself is a testament to this. The bill, though not perfect due to differing stakeholder priorities, represents a product of compromise and shared purpose. 

However, liability protections must not create loopholes for irresponsible behavior. The 15 pilot projects will test the law’s effectiveness while ensuring proper oversight. If successful, they could pave the way for broader legislative solutions. 

Although unlikely during the pilot phase, resource recovery from mine waste has the potential to offset reclamation costs and contribute to the supply of critical minerals, bolstering domestic supply chains essential for technology and national security. For communities, the Good Samaritan Act promises safer environments and potential job creation, fostering economic revitalization.

Critics argue that allowing companies to profit from remediation efforts risks prioritizing profits over people. Yet, economic incentives are often necessary to attract the private sector participation essential for tackling the vast scale of sites. The key is to balance profitability with the public good. Frameworks can be established where reasonable profits are permitted but with safeguards such as reinvesting a portion of earnings back into the community or more remediation work.

For communities like Leadville, the stakes are high. With the right policies in place, Leadville and countless other towns have the opportunity to transform the relics of our mining past into foundations for a sustainable future. The Good Samaritan Act is a step toward effective environmental stewardship through partnerships among government, industry and communities.

Molly Morgan is a Ph.D. candidate in geology at the Colorado School of Mines in Golden. 

Dr. Elizabeth Holley is an associate professor of mining engineering at the Colorado School of Mines and a fellow of the Payne Institute for Public Policy.

Dr. Nicole Smith is an associate professor in the Mining Engineering Department at the Colorado School of Mines and a fellow of the Payne Institute for Public Policy.