But to me it seems clear that the controversies about the Solicitor's opinion and the environmental regulations are a direct result of the increasingly poor fit between the 1872 law and our own era, and a demonstration of the need to update the law to reflect new realities. Unless the current law and policies are updated, there will be more controversies and more battles. I don't think that's in anyone's best interest. For the industry, it does not make good business sense to continue to have to fight these battles. What does make good sense is to match the new technology of mining with new laws and policies.
Mining is no longer a pick and shovel affair.
It has outgrown the techniques on which the 1872 law was based. And the west has changed, too. They are also a result of using outmoded tools. It's akin to surfing the Internet by tying tin cans together with strings. I would like to suggest that we can move away from the perennial polarized battles and rear-guard actions and toward greater certainty for the industry and greater uniformity in the application of our laws.