On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and development on federal lands administered by the BLM, Central Coast Field Office (“Planning Area”). 82 Fed. Reg. 1754 (Jan. 6, 2017). The DRMP Amendment and DEIS describe and analyze alternatives for the planning and management of leasing and development in the Planning Area, as required by the National Environmental Policy Act and the Federal Land Policy and Management Act. The BLM administers approximately 284,000 acres of surface estate and 793,000 acres of federal mineral estate within the Planning Area.
Continue Reading Draft Resource Management Plan Amendment Released for Central California Federal Lands
Why California’s New Groundwater Management Law is a Game Changer for Mine Operators
Ready or not, California’s new Sustainable Groundwater Management Act (“SGMA”) is here and mine operators should be vigilant in monitoring and actively participating in developments under the law. Previously, the use of groundwater was largely unregulated. Now local agencies are in the driver’s seat when it comes to addressing a very complex problem: managing groundwater to ensure sustainability.
Earlier this week, environmental consultant Bob Anderson, of Geosyntec and Stoel Rives attorneys Wes Miliband and Tom Henry hosted a webinar about the implications of SGMA for mine operators. You can view a recording of the webinar here. Below are a few key take away points for operators as they tackle SGMA.
The Compliance Timeline is Aggressive
SGMA requires the formation of local Groundwater Sustainability Agencies (“GSAs”) that must assess conditions in their local water basins and adopt locally-based groundwater sustainability plans (“GSPs”). GSAs have already started to form and will be developed by June 30, 2017. Operators should investigate the proposed GSAs affecting their sites. The Department of Water Resources has developed a useful interactive map showing the proposed GSAs. Operators and the general public have the opportunity to be involved in the formation of GSAs and preparation of GSPs.
Continue Reading Why California’s New Groundwater Management Law is a Game Changer for Mine Operators
Financial Assurance Requirements are on the Horizon for Hard Rock Miners
On January 29, 2016, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Environmental Protection Agency (“EPA”) to finalize the long-awaited “financial assurance” regulations under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The hard rock mining industry is first in line to be subject to the new requirements.
The D.C. Circuit’s order is the result of a case brought by several environmental groups against the EPA seeking to force the EPA to put into effect the so-called “financial assurance regulations.”
In enacting CERCLA in 1980, Congress directed the EPA to ensure that companies remain financially capable of cleaning up contaminated sites. These financial assurance rules were intended to prevent companies from creating toxic sites and then becoming financially unable to clean them up, often causing the cleanup to be delayed for years.
In the intervening thirty years since CERCLA took effect, the EPA made little progress toward promulgating any financial assurance regulations, that is, until a court ruling in 2009 (brought by many of the same groups) ordered them to start. Pursuant to the 2009 ruling, the EPA published a notice in the Federal Register designating the hard rock mining industry as its priority for the development of financial responsibility requirements. In making this determination, the EPA cited a heightened “risk” associated with hard rock mining which increases the likelihood of releases of hazardous substances.
Continue Reading Financial Assurance Requirements are on the Horizon for Hard Rock Miners
Additional Details On The Removal Of Elena Miller And Derek Chernow
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
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
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
57th Annual Rocky Mountain Mineral Law Institute
Please join the Stoel Rives Oil and Gas, Pipelines & Mining Law Team at the 57th Annual Rocky Mountain Mineral Law Institute in Santa Fe, NM on July 21-23, 2011.
We are pleased to be a sponsor of the Thursday evening Reception and we look forward to reconnecting with familiar faces and meeting new attendees.
CEQA, Mining and Vested Rights. Looking Back on the California Supreme Court’s Decision in Communities for a Better Environment v. South Coast Air Quality Management District.
One year ago the California Supreme Court issued its decision in Communities for a Better Environment v. South Coast Air Quality Management District (2010) 48 Cal. 4th 310. Since our blog wasn’t up at the time I thought it would be a good idea to look back on that decision and how it impacts mine
Mining Landlord/Tenant Disputes
Mining operations are often conducted on leased lands. As with any lease, disputes may come up between the landowner/lessor and the mining company/tenant. Over the last few years I’ve dealt with multiple situations in which the landowner either made, or threatened to make, complaints about the mining operation to regulatory agencies. In some situations the