Federal Coal Mine Safety Act example essay topic

Coal Coal is a fossil fuel- hydrocarbon containing natural resource, much like petroleum or natural gas. It is extracted from the Earth by strip mining or underground mining. It is a readily combustible black sedimentary rock, which is one of the three main rock categories. Coal is composed of carbon and hydrocarbons, in coordination with other elements. It is the leading source of electricity the world over. It is estimated that half of the world's electricity is powered by coal.

Coal mining in the United States is recorded to have first occurred in Virginia when 50 tons were purged from the earth in 1748 (coal education. org). Today, all of the states with coal deposits have produced coal at one point in America's history as America produces over one billion tons of coal per year. Similar to the cash crops of cotton and tobacco, the business of coal mining has greatly effected the historical development of the Unites States in terms of economic growth, technological advancements, global recognition and even physical expansion. The mining of coal was one of the draws that enticed Americans to travel west and expand the United States. US coal production has reached record levels, but not all coal producing States have shared in this growth.

The peak coal production in some States occurred many decades ago, whereas in other States the coal industry has been revitalized in recent times. These changes reflect shifts in the use of coal over the years. The legislation pertaining to coal issues has effected many aspects of American life including Manifest Destiny's expansion westward, the federal ownership of coal lands, mine safety and health, labor issues and eventually pollution and social responsibility (by design. com) Coal lands "in the public domain were governed by special legislation and were not subject to the same right of location as hard rock and petroleum deposits", according to Utah government archives. In 1866, Congress decreed that coal bed land be sold to the highest bidder at $20 an acre. In 1873, Congress limited purchase amounts to 160 acres for individuals, 320 for associations, and 640 for associations who had already spent at least $5,000 in improving a coal mine.

In doing so, Congress paved a path for railroad companies to own coal land in Utah, which provided a lucrative mixture of business ventures. This also marked the start of federal coal land ownership legislation and the introduction of mining camps, which would later incite health and safety legislation (archives. utah. gov). One third of all US coal production comes from federally owned coal land (web). Because of the federal government's role in coal land ownership, the government has a strong hold on large sections of American land.

Much of this land lies in the West causing an non-proportionate amount of land in the West federally owned because of coal deposits than from other regions of the US. In the case of Nevada, much of its land was being threatened by federal takeover. With the "Lands Legacy Initiative", Congress is buying private property in the name of environmental responsibility. If the initiative is implemented, 95 percent of Nevada's land will come under federal jurisdiction (nj. npr i. org).

However, federal intervention in coal land ownership has been beneficial in American history. When railroads expanded to the West, they expanding coal mining. With the ease of railroad transport, the coal industry became dependant on the railroads for business. In 1875, the Denver and Rio Grande Western railroad company beat the Union Pacific railroad for tracks extending to the rich Utah coal lands. Through fraudulent dealings, the Denver and Rio Grande Western purchased extensive coal lands and than joined with the Pleasant Valley Coal Company and the Utah Fuel Company to form a monopoly on Utah coal in 1887.

In this instance, successful litigation over the illegal purchase of coal lands disbanded the monopoly (archives. utah. gov). Concerning health and safety regulations, coal legislation has a persistent presence. The first federal statute governing mine safety passed by Congress in 1891 established minimum ventilation requirements for underground coal mines and banned employment of children under 12 years old. This law set the precedent for comprehensive federal legislation to regulate coal mining.

In 1910, Congress added the agency of the Bureau of Mines to the Department of the Interior to research and reduce accidents in the coal mining industry. In 1941, Congress furthered this by letting federal inspectors into mines and in 1947 Congress formed the first code of federal regulations for mine safety. In 1952, the Federal Coal Mine Safety Act demanded annual inspections in some underground coal mines, allowed the Bureau to issue violation notices and imminent danger withdrawal orders, and provided for civil penalties against mine operators for noncompliance with inspectors' orders. One of the biggest pieces in legislation regarding health and safety in the coal industry is the Federal Coal Mine Health and Safety Act of 1969, also known as the Coat Act which included all surface and underground mines under jurisdiction of investigation, required annual inspections of mines, demanded monetary fines for violations and established criminal penalties for knowing and willful violations.

Also, the act defined the development of mandatory health and safety standards and provided compensation for miners disabled from mine-related respiratory diseases (web). While legislation involving the mining industry established the governments control of the mining industry and directly benefit ted low-level mining workers with health and safety benefits, legislation also benefit ted the labor movement on a national scale by setting important precedents. According to kent law. edu, in the 1900's, "labor conditions in Utah's coal mines provided fertile ground to support [the growth of the labor movement], and national labor organizers helped give Utah's immigrant coal miners a voice". Continuous strikes by miners twice lead to government action and attention.

In two instances, once in 1903 and again in 1922, governors in striking coal areas called the National Guard to keep the peace in coal fields. In 1914, the year that the Clayton Act limited the use of injunctions in labor disputes, wives and children of striking miners were set aflame by attacking National Guardsmen during a strike against the Colorado Fuel and Iron Company. This violent use of the National Guard to suppress the rights of coal miners is known as the Ludlow Massacre. In retaliation, the President appoints the Colorado Coal Commission to investigate the massacre and the labor conditions in the mines. In 1919, United Mine Workers received a 27 percent wage increase during an arbitration with the presidential commission, but were denied 6-hour days and 5-day weeks (web). Now, one of the biggest legal concerns facing the coal mining industry is pollution.

In 1990, the Clean Air Act established national minimum pollution control standards to give all Americans the same basic health and environmental protections through the Environmental Protection Agency. Under this act, states administer permit applications to power and chemical plants and charge fines for violating air pollution limits (epa. org). This past March, the EPA tightened air pollution policy for power plants in 28 eastern states. The Clean Air Interstate Rule reduces allowable emissions of sulfur dioxide, nitrogen oxide, or other toxins produced from coal-fired plants. These precedents set the stage for the next major act involving the coal industry through pollution legislation: President Bush's Clear Skies Act (. com). -

Bibliography

- Department of State Archives, Labor Issues, web accessed 4/08/05 Department of the Interior, Government Land for Coal, web accessed 4/10/05 Envormentail Pollution, epa. org, accessed 4/10/05 History of Coal Use, web history. html, accessed 4.08. 2005 Nevada Journal, nj. npr i. org, accessed, 4/10/05 U.S. Department of Labor, Health and safety, web accessed 4/10/05.