Many of us grew up learning the Parable of the Good Samaritan. The parable tells of a traveler (from Samaria) coming to the aid of another traveler, unknown to him and not of his tribe, who had been beaten and robbed by bandits.
Today “Good Samaritan” laws across the United States offer legal protection to individuals who give reasonable assistance to others who are injured, ill, in peril, or otherwise incapacitated. These laws are intended to reduce bystanders' hesitancy to provide assistance, for fear of being sued or prosecuted for unintentional injury or wrongful death. Now there is a long-standing need for Good Samaritans to come to the aid of clean water and fisheries.
Acid rock drainage from a mine site in Douglas County, Oregon (photo: Bureau of Land Management
An estimated 110,000 miles of streams are impaired with heavy metals and/or acidity and abandoned mines are a significant source of this pollution. The people and mine operators who caused this pollution are long-gone and there is no one to hold responsible for the cleanup of these toxic wastelands. As these abandoned mines continue to leak toxic chemical pollutants, day after day, decade after decade, we need all the Good Samaritans we can find. But without legislative relief, such good Samaritans risk incurring substantial liability for their good deeds. Current laws treat those who want to clean up abandoned mines as if they are polluters themselves. Conservation organizations, watershed groups and state agencies who might want to help clean up abandoned mines are dissuaded from doing so by regulations and immense liability risks.
Good Sam Legislation
Trout Unlimited has been working with stakeholders and members of Congress to draft legislation that would create a pilot program to facilitate Good Samaritan cleanups. The effort got a major boost with the introduction of a bipartisan bill in the Senate on February 3, 2022 by Senators Martin Heinrich (D-NM) and James Risch (R-ID) along with eight cosponsors.
The legislation would establish a new pilot program for the EPA to permit up to 15 projects and provide conditional liability relief for qualified volunteers to begin cleaning up abandoned mine sites. As long as the Good Samaritan complies with terms and conditions of the permit established by the EPA and carries out the project, then the Good Samaritan cleanup would be considered a success and the permit terminated.
We Need Your Voice
Toxic, acid mine drainage from abandoned hardrock mines continues to degrade western trout and salmon fisheries. The EPA estimates that 40% of headwater streams in the west are impaired, impacting over 100,000 miles of important habitat. To learn more about the issue download TU's primer or go to www.tu.org/goodsam
Outdoor Recreation Businesses — Sign On
For those of you representing outdoor recreation businesses nationwide who support clean, healthy rivers, you can lend your support by contacting Ty Churchwell, TU’s Mining Coordinator, at ty.churchwell@tu.org or 970-903-3010. Ty is collecting endorsements for a petition (copy below) that will be delivered to Congress in support of Good Samaritan legislation.