Category: Mining

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U.S. Fish & Wildlife Proposes Revisions to Section 4 of the Endangered Species Act

By Ryan Steen on Posted in Mining, Regulation
Of interest to mineral projects, the U.S. Fish and Wildlife Service (USFWS) continues to attempt to revise some of its Endangered Species Act (ESA) implementing regulations to align with the relatively recent decision from the Supreme Court in Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv. (139 S. Ct. 361 (2018)). Today, it proposed new … Continue Reading

Changes to Alaska’s Mining Laws – Qualification Statutes

By Ramona Monroe and Shannon Bleicher on Posted in Alaska, Mining
Senate Bill 155, amending Alaska’s mineral tenure statutes, took effect April 30, but also addresses certain historical events affecting state mining claims. As previously reported, the amendments clarify who can hold state mining rights. But maybe more importantly, the law now addresses the effect of past qualification issues on the validity of the mineral interests. … Continue Reading

Alaska’s Mineral Tenure Statutes Amended

By Ramona Monroe and Shannon Bleicher on Posted in Alaska, Mining
Governor Mike Dunleavy signed Senate Bill (“SB”) 155 amending Alaska’s mineral tenure statutes, effective April 30, 2020. The legislation addresses issues regarding qualification to hold state mining claims, location of claims, statements of annual labor, and automatic abandonment of mining claims. The amendments and additions to the statutes clarify a number of issues and assure … Continue Reading

Alaska DNR Issues Guidance for Placer Mining Operations During COVID-19

By Ramona Monroe and Shannon Bleicher on Posted in Alaska, COVID-19, Mining
The Department of Natural Resources (“DNR”) Division of Mining, Land and Water has issued guidance for placer mining operations to comply with the state’s COVID-19 health mandates. Mining is identified as “critical infrastructure” in the Alaska Essential Services and Critical Workforce Infrastructure Order. Before traveling to their placer operation, and while at their operation, miners … Continue Reading

Alaska Suspends Fees for Easements, Rights-of-Way, and Mining Leases

By Ramona Monroe and Shannon Bleicher on Posted in Alaska, COVID-19, Mining, Regulation
State of Alaska Governor Mike Dunleavy has issued COVID-19 Disaster Order of Suspension No 2, suspending a long list of statutory and regulatory provisions. The list of suspended statutes includes AS 38.05.850 which authorizes the state to grant easements and rights-of-way for roads, pipelines, and other facilities associated with the extraction of minerals. Under such authorizations, … Continue Reading

Federal Mine Safety and Health Review Commission Withdraws Simplified Procedures

By Willa Perlmutter on Posted in Mining, Regulation
The Federal Mine Safety and Health Review Commission (“Commission”) announced that it intends to withdraw its simplified proceedings rule effective November 25, 2019. The Commission’s Federal Register announcement is found here. The simplified proceedings were originally published in a final rule by the Commission on December 28, 2010. The Commission’s intention was to streamline its … Continue Reading

MSHA Announces Reinstatement of 2017 Obama-Era Rule on Workforce Examinations

By Ariel Stavitsky and Willa Perlmutter on Posted in Mining, Regulation
On Monday, September 30, the Mine Safety and Health Administration (MSHA) reinstated an Obama-era rule imposing heightened requirements for health and safety workplace examinations in surface metal and nonmetal mines. The reinstatement represents yet another volley in an already protracted regulatory process spanning two presidential administrations and multiple lawsuits. The 2017 Obama-era rule, marking one … Continue Reading

Rental Rate Increases Go into Effect for State of Alaska Mining Claims, Leasehold Locations, Prospecting Sites, and Mining Leases

By Joe Perkins and Ramona Monroe on Posted in Alaska, Mining
New rental rates are now in effect for state mining claims, leasehold locations, prospecting sites, and mining leases in Alaska. The new rental rates became effective on August 30, 2019, and thus are applicable to the rental year that commenced on September 1, 2019. These increases were made by the State of Alaska Department of Natural Resources … Continue Reading

National Park Service Regulations Do Not Apply to Inholdings in Alaska

By Ramona Monroe, Joe Perkins and Veronica Keithley on Posted in Alaska, Mining
Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general applicability do not apply to inholdings within Alaska’s national parks. Sturgeon v. Frost, 587 U.S. ___ (2019). While on a moose … Continue Reading

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

By Eric Martin on Posted in Mining, Permitting, Regulation
Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015 greater sage-grouse amendments to federal land use management plans. (Prior post on Sage-Grouse Review Team here.) Among other things, such as coordinating federal … Continue Reading

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

By Eric Martin on Posted in Mining, Regulation
Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans.  To avoid listing the greater sage-grouse under the Endangered Species Act, those plan amendments had proposed that over 10 million acres of “sagebrush focal areas” on … Continue Reading

Mining the Deep Seabed for Renewable Energy

By Eric Martin on Posted in Mining, Regulation
On Friday the China Minmetals Corporation signed a 15-year contract with the International Seabed Authority (ISA) for exploration of polymetallic nodules on the deep seabed of the Pacific Ocean.  The ISA has now executed nearly 30 exploration contracts for polymetallic nodules, polymetallic sulphides, and ferromanganese in the Atlantic, Indian, and Pacific Oceans.  These materials are … Continue Reading

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

By Eric Martin on Posted in Mining, Permitting, Regulation
An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing.  The Trump administration on Wednesday reversed a 2016 Obama administration moratorium on federal coal leasing, and environmental organizations have already filed suit challenging this change of direction.  While the effect on … Continue Reading

Oil Transportation and Suction Dredge Mining Legislative Topics in Washington Too

By Eric Martin on Posted in Legislation, Mining, Oil & Gas, Permitting, Pipelines, Regulation, Washington
Following up on last week’s post about Oregon legislative proposals, here are some of the mineral-related bills currently pending in the Washington State Legislature: Oil and Gas SB 5462 and HB 1611 – These two almost identical bills are follow-ups to the Oil Transportation Safety Act that was enacted in Washington two years ago. Among other … Continue Reading

Mineral-Related Bills Pending Before Oregon Legislature

By Eric Martin on Posted in Fracking, Landowner issues, Legislation, Mining, Oil & Gas, Oregon, Permitting, Regulation
The Oregon Legislature’s 2017 session officially kicked off last week. A variety of mineral-related bills have been introduced.  Here are some of the ones to follow: Mining SB 3 – SB 3 is primarily focused on suction dredge mining.  It would build on the 2013 enactment of a moratorium, currently in effect until 2021, on … Continue Reading

New MSHA Rule on Workplace Safety Examinations for Mines “Trumps” Regulatory Freeze, for Now

By Willa Perlmutter on Posted in Mining, Regulation
On January 23, and for the first time in nearly 40 years, the Mine Safety and Health Administration (“MSHA”) issued new rules governing the way in which metal/non-metal mine operators must conduct their regular workplace examinations. A Final Rule on “Examinations of Working Places in Metal and Nonmetal Mines” was published in the Federal Register … Continue Reading

EPA Proposes to Require $7+ Billion of Financial Assurances from U.S. Hardrock Mining Industry Under CERCLA Section 108(b)

By Eric Martin on Posted in Mining, Regulation, Uncategorized
Last week the EPA officially published its proposal to impose over $7 billion of financial assurance requirements on the owners and operators of currently active or idle hardrock mines and mineral processing facilities. 82 Fed. Reg. 3388 (Jan. 11, 2017).  These proposed requirements are intended to cover estimated response costs, natural resource damages, and health … Continue Reading

Sage Grouse Update: BLM Issues Draft Environmental Impact Statement (DEIS) on Proposed Withdrawal of 10 Million Acres

By Eric Martin, Sarah Stauffer Curtiss and Shannon Morrissey on Posted in Mining
On the last business day of 2016 the BLM released the DEIS on its proposed 20-year withdrawal of approximately 10 million acres of “sagebrush focal areas” (SFAs) in six western states from mineral location and entry under the General Mining Law.  At the same time, the BLM temporarily “segregated” almost 400,000 more acres in Nevada … Continue Reading

ICYMI: Litigator Willa Perlmutter Establishes Mine Safety Practice at Stoel Rives

By Mike Mills on Posted in Events, Mining
Willa Perlmutter Stoel Rives MSHA AttorneyIn case you missed it, Stoel Rives LLP welcomed Willa B. Perlmutter to the firm’s Natural Resources group this past July. Willa is based in our Portland office, but is serving our clients from Alaska to California and all points east—above ground and beneath. She is accustomed to working effectively and efficiently with in-house counsel and … Continue Reading

Why California’s New Groundwater Management Law is a Game Changer for Mine Operators

By Tom Henry and Wes Miliband on Posted in California, Landowner issues, Legislation, Mining, State Specific Mining Issues
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 … Continue Reading
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