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Legislation & Regulation

Judge Tosses Lawsuit Against Tucson-Area Mine

A federal judge has tossed a lawsuit filed by opponents of a Tucson-area mine that had accused the US Forest Service of violating two federal laws in its handling of the mine issue.

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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.

Legislative and Regulatory Update


• Increase in claim fees
• Impact of recent elections
• Current suction gold dredging status in California
• Parks in Southern California

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).

Legislative and Regulatory Update


  • EPA declines to impose additional regulations and financial requirements on hardrock miners
  • “Baffling” ruling in suction gold dredging court case

Lawsuit Update From the New 49'ers


Many of you are aware that we have been engaged in litigation with anti-mining activists that have been attacking us through the Karuk Tribe of California since 2003. It all started with their lawsuit against the US Forest Service (USFS), challenging that District Rangers do not have the authority to allow small-scale mining activities under a Notice of Intent (NOI) when the Ranger concludes that the mining activity is not likely to create a substantial surface disturbance.

Addressing EPA Overreach: What Dredgers Need to Know


The Environmental Protection Agency (EPA) has been attempting to extend their authority and intimidate miners and other public land users for decades. Suction gold dredgers are no exception, and we want to highlight a recent example of how to deal with this federal overreach.

Legislative and Regulatory Update


• Court says ESA does not apply in some cases
• Comments needed for proposed critical habitat in several Western states
• EPA still trying to rewrite the Clean Water Act
• Enough already!
• Now is the time to act

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Revised Dredge Regulations Published for California—Pure Garbage   • Xmet Aims for One Million Ounces

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