Legislation & Regulation
Fighting and Winning Without a Lawyer
August 2013 by Steve Hicks
This article may not be as interesting as someone describing a big nugget find in Australia...but right now the biggest obstacle to mining is our government.Forest Service v. Michael & Linda Backlund
On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
5th Circuit Ruling May Benefit Miners
This ruling comes at an opportune time, just as suction dredge miners are dealing with new proposed regulations in several western states. Be sure to cite this case when you provide comments on the regulations!
Legislative and Regulatory Update
• Partial win for miners
• California suction dredging
• Feds continue to push for more public lands
• Idaho suction dredging
MMAC & PLP Update -- 2015 Minerals and Mining Regulatory Reform Act
Is there any hope for a solution? Yes, there is, and we’ve been working with Public Lands for the People, the Minerals and Mining Advisory Council, attorney James Buchal and others on that solution.
Oregon Miners File for Summary Judgment
On November 30, 2015, the Galice Mining District (with the support of the Waldo Mining District), along with several Oregon mining associations and individuals, filed a Motion for Summary Judgment against the State of Oregon and SB 838...
PLP To Address Needs Of Small Miners With Proposed Amendment
The Senator’s office was very receptive to the small miner’s plight and was unaware of the dire problems created by the over-regulation of small-scale mining from so many different fronts. It was pointed out that S 145 may help the large mining companies a little, but falls woefully short in addressing the needs of small operators who make up 85% of domestic mines.
Trip to “The Swamp” on Behalf of Small Miners
Besides the EPA issue, our major priority is to work on the proposed amendment to the National Strategic and Critical Minerals Production Act (S 145), a bill proposed in the Senate by US Senator Dean Heller (R-Nevada).
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