Category: Mining

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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

Alaska Department of Natural Resources Seeks Input on Mining Regulations – Comments Due 4/29/16

By Veronica Keithley and Ramona Monroe on Posted in Alaska, Mining, Regulation
The Alaska DNR is requesting public comments on its mining regulations for establishing and maintaining mining claims – 11 AAC Chapter 86. These regulations (as well as related regulations at 11 AAC 82 and 11 AAC 88) establish or address many of the requirements for locating claims on state lands, performing assessment work, paying rent, filing production … Continue Reading

Financial Assurance Requirements are on the Horizon for Hard Rock Miners

By Mike Mills and Tom Henry on Posted in Mining, Regulation
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 … Continue Reading

Utah Congressmen Unveil Landmark Public Land Bill

By Richard Hall and Eric Skanchy on Posted in Legislation, Mining, Oil & Gas, State Specific Mining Issues
On January 20, Congressmen Rob Bishop and Jason Chaffetz unveiled a “discussion draft” of the Utah Public Lands Initiative Act. The proposed bill undertakes the difficult task of balancing economic development and conservation on public land in the State of Utah. Congressmen Bishop and Chaffetz began working together on the bill in February 2013. Since … Continue Reading

Uranium – A little element with a lot of power

By Mike Mills and Eric Skanchy on Posted in Mining
Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic summarizing the many benefits of uranium. Uranium is found in many areas of the United States. In fact, uranium is more common than tin, about 40 times more common than silver and 500 times more common than gold. Normally … Continue Reading

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

By Ryan Steen on Posted in Mining, Oil & Gas, Regulation
On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”).  The Memorandum was sent to the Secretaries of Defense, Interior and Agriculture and the administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, and purports to establish … Continue Reading

Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal

By Eric Martin on Posted in Mining
On September 24, 2015, the federal Bureau of Land Management (“BLM”) published a Notice of Proposed Withdrawal (“BLM notice”), proposing to withdraw from mineral location and entry federal lands identified as “sagebrush focal areas” in Idaho, Montana, Nevada, Oregon, Utah, and Wyoming. The BLM notice commences a two-year temporary segregation period, prohibiting location and entry … Continue Reading

U.S. Fish and Wildlife Service Determines Protection for Greater Sage-Grouse No Longer Warranted

By Sarah Stauffer Curtiss on Posted in Mining
In a speech at the Rocky Mountain National Wildlife Refuge, Interior Secretary Sally Jewell announced yesterday that the U.S. Fish and Wildlife Service (USFWS) will not list the greater sage-grouse under the Endangered Species Act (ESA). Finding that protection under the ESA is no longer warranted due to an “unprecedented conservation partnership,” the USFWS announced that it was … Continue Reading

Miners and States take Notice, the EPA is Updating its CERCLA Financial Responsibility Requirements

By Mike Mills and Eric Skanchy on Posted in Mining
The U.S. Environmental Protection Agency (“EPA”) has recently announced that it would take steps to finalize rules establishing financial responsibility requirements for hard rock mines under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). Section 108(b) gives the EPA the authority to require certain facilities to have some type of financial … Continue Reading

Molybdenum: An Essential Element in America’s Future

By Mike Mills and Eric Skanchy on Posted in Mining, Permitting
Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic detailing the importance of the super element molybdenum. Few elements have a higher melting point than molybdenum, making it an extremely tough metal. A small amount of molybdenum in a product can make a significant contribution to its performance. … Continue Reading

Struggling U.S. Rare Earth Industry is Vital to a Stable Global Economy

By Mike Mills and Eric Skanchy on Posted in Mining
Rare earth elements are found in nearly every aspect of our lives. Televisions, smartphones, tablets, computers, stereos, and cars all contain rare earth elements. Our national security also relies on rare earths in precision-guided missiles, radar, night-vision goggles, lasers, satellites, fighter jets, and submarines. Virtually every aspect of modern society relies in part on rare … Continue Reading

New Rules on MLPs & Qualifying Income: What Oil Services and Exploration Companies Need to Know

By Mike Mills and Eric Skanchy on Posted in Mining, Oil & Gas
On Tuesday, May 5, 2015, the Internal Revenue Service (“IRS”) released proposed regulations defining qualifying income for Master Limited Partnerships (“MLPs”). MLPs are publicly traded partnerships that are taxed as a partnership rather than a corporation. Being taxed as a MLP has many advantages. While shareholders in a corporation face double taxation  ̶  paying taxes … Continue Reading
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