Several domestic industries have historically produced elemental mercury as either a main product or a byproduct of their operations. This mercury has typically been sold to third parties that have utilized it in the production of certain types of consumer products (e.g., lamps, batteries, medical equipment). In recent years, due to government pressure and a growing knowledge of the adverse health and environmental effects of exposure to mercury, the domestic market for mercury has decreased dramatically, and companies in the United States have sold the great bulk of their mercury to customers in foreign countries. The option to sell elemental mercury to foreign customers ceased on January 1, 2013, when the ban on export of elemental mercury imposed by the Mercury Export Ban Act of 2008 (MEBA)1 took effect. In anticipation of and subsequent to the export ban, companies that generate mercury and certain mercury compounds (particularly calomel) have been grappling with how to manage their mercury in a responsible, cost-effective, and legal manner.

This article explores the current sources of mercury in the United States, historical mercury management, and post-MEBA options for responsibly and legally managing mercury and calomel. Several steps that mercury generators may wish to take to increase the options available to them are suggested.

Originally published in Rocky Mountain Mineral Law Foundation Journal, Vol.51 No.1. on July 29, 2014.