Category: Mining

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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

Minerals – Building Blocks for Energy Resources

By Mike Mills and Eric Skanchy on Posted in Mining, Oil & Gas
Minerals are part of virtually all the products we use every day, acting as the raw materials for manufacturing processes or as the end products themselves. Not surprisingly, minerals also are used in the energy generation that we rely on every day.  Emerging energy technologies like wind, solar and nuclear heavily rely on minerals to … 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 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

The Silver Lining of America’s Economy

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 informative infographic on the important role silver plays in our society. Out of all metals, silver is unique in that it has the highest electrical and thermal conductively. These characteristics make silver an important ingredient in products we … Continue Reading

Another George Clooney Film in the Making? Nevada Supreme Court Rejects Rule Against Perpetuities Argument for Mining Agreement

By Michael Sherman on Posted in Mining
The Nevada Supreme Court recently decided that the rule against perpetuities does not apply to area-of-interest provisions in commercial mining agreements. While you should not expect this case to become a summer blockbuster starring George Clooney, it nonetheless provides certainty for area-of-interest provisions in older mining agreements in Nevada (and lends insights into how other … Continue Reading

Mineral Law Blog Launches New Responsive Design and Enhanced Reader Features

By Mike Mills on Posted in Mining, Oil & Gas
Dear Mineral Law Blog Readers. Sharing analysis and insight about key oil, gas, pipeline and mining law developments has been our mission since launching our Blog in late 2010. While our commitment to keep you informed hasn’t changed, technology certainly has. Back when we first started posting, it was still largely a desktop- and RSS-dominated … Continue Reading

Zinc: It’s Not Just for Lifeguards

By Michael Sherman on Posted in Mining, Permitting
Minerals Make Life – an initiative created by the National Mining Association – has recently developed an infographic explaining the importance of the mineral zinc. Many consumers do not know it, but minerals are present in products we all use on a regular basis. That includes the mineral zinc, which is used in sunscreen, swimming … Continue Reading

U.S. House Hearing Supports Legislation for Development of Domestic Minerals (H.R. 761)

By Mike Mills on Posted in Mining
On Wednesday, July 23, 2014, the U.S. House of Representatives Subcommittee on Energy and Mineral Resources held an oversight hearing, titled “American Metals and Mineral Security: An examination of the domestic critical minerals supply and demand chain.”  During the hearing, a panel of witnesses spoke on the benefits of securing a supply of minerals through … Continue Reading

Construction Aggregate Production Rebounds in California; Gold Production Declines

By Michael Sherman on Posted in California, Mining
On April 29th, the California Geological Survey (CGS) released production data from 2012 indicating that the production of construction aggregate (sand, gravel and crushed stone) increased for the first time since 2007 in California.  Construction aggregate production increased by 7.3 percent to 121.3 million tons (valued at $1.162 billion).  Portland cement production also increased by … Continue Reading

A Resurgence in U.S. Manufacturing Requires a Sensible Mining Permitting Process

By Mike Mills on Posted in Mining, Permitting
A new short video found at the website for Minerals Make Life – a National Mining Association initiative – illuminates the close ties between the widespread resurgence of manufacturing in the United States and the need for stable access to mineral resources.  As manufacturing experiences a resurgence in the United States, an expected 2 to … Continue Reading

New Information on Demand for Rare Earths Demonstrates Need to Increase Efficiency in U.S. Mining Permitting Processes

By Mike Mills on Posted in Mining, Permitting
Minerals Make Life – a national, non-profit mining association – has recently developed an illuminating infographic indicating the increased demand for rare earth minerals. Presence of these minerals in the earth’s crust is common, but much less common in terms of minable concentrations. While demand for rare earths is rising, the current state of U.S. … Continue Reading
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