On Monday, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in the case of Karuk Tribe of California v. United States Forest Service, 681 F.3d 1006 (9th Cir. 2012). In that case, the Ninth Circuit held that the Forest Service violated the Endangered Species Act (ESA) by failing to consult
Mining
Construction Aggregate Shortage Continues in California
By Michael Sherman on
Posted in California, Mining
On March 1st, the California Geological Survey (CGS) released information forecasting a continuing shortage of permitted aggregate resources (sand, gravel and crushed stone) in California. According to CGS’s Map Sheet 52 and accompanying report, California only has permitted resources to meet approximately one-third of aggregate demand over the next 50 years.
Aggregate is essential for…
FLPMA Filings Required To Maintain Older Unpatented Federal Lode Claims
By Ramona Monroe on
Posted in Mining
The December 2011 amendment to 30 U.S.C. § 28f relating to the payment of annual maintenance fees for unpatented federal mining claims contains a glitch. As a result of a legislative drafting error, the owner of any lode claim located before August 10, 1993, arguably must now record in the local county (or recording…
Update: One Step Closer to a Better Permitting Process
By Mike Mills on
Following a recent post (link), I wanted to provide you with an update regarding H.R. 4402, the National Strategic and Critical Minerals Production Act of 2012.
On May 16, 2012, the House Committee on Natural Resources passed the bill, offered by Rep. Amodei (R-Nev.), where it received strong support in the committee. The bill…
Sequoia ForestKeeper v. Tidwell Subjects Mineral Exploration Within National Forests to Additional Process and Delay
By Eric Martin on
Last week a federal district court in California issued a nationwide injunction that may have significant impacts on exploration activities within National Forests. For years activities that were categorically excluded from review under the National Environmental Policy Act (NEPA) were also exempt from U.S. Forest Service regulations concerning public notice, comment, and administrative appeals (36…
New PricewaterhouseCoopers Study Shows Importance of Minerals Mining to Economic Growth in Numerous Key Industries
By Mike Mills on
Posted in Mining, State Specific Issues
One of the few sectors that consistently added jobs in 2011 was U.S. minerals mining. Today, this industry supports 1.1 million American jobs nationwide and has enabled modern products such as aircrafts, medical equipment and state-of-the-art electronics to come to fruition. Some of the fastest growing industries in America—including high tech, automotive manufacturing and renewable…
Administration’s Proposed Mining Tax Threatens Health of U.S. Minerals Mining
By Mike Mills on
As the stalled economy pushes Washington closer to a decision on how to manage America’s wealth of mineral resources, two paths have emerged.
One offers the possibility of increased domestic minerals production and the potential for long-term growth. Through legislation that would assess America’s mineral needs, we can maximize opportunities in mining, one of the…
Additional Details On The Removal Of Elena Miller And Derek Chernow
By Tom Henry on
Here is more information on Governor Brown’s removal of Elena Miller as the head of California’s Division of Oil, Gas and Geothermal Resources (DOGGR). Derek Chernow, the head of California’s Department of Conservation was also removed. In addition to supervising DOGGR, Chernow supervised California’s State Mining and Geology Board and the Office of Mine Reclamation. As discussed…
Off Or On? Intrepeting The Requirements of AB 3098
By Tom Henry on
Posted in Mining, State Specific Issues
I provided the following paper at the recent CalCIMA conference in Monterey, California.
Overview
The Office of Mine Reclamation’s (OMR) decision to list or delist a mine from its list of “good mines” maintained under Public Resources Code Section 2717 (the AB 3098 list) effectively precludes a mine from selling to public agencies, critical …
To List Or Delist Is The Question – California Mines
By Tom Henry on
Posted in California, Mining
The Office of Mine Reclamation has the authority under Public Resources Code Section 2717 (the AB 3098 list) to list or delist a mine from its list of “good mines.” This authority can have an enormous impact on a mine’s ability to sell to public agencies, which is a critical status in an…