Legislation & Regulation
Lawsuit Update From the New 49'ers
December 2012 by Dave McCracken
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.Legislative and Regulatory Update
- Oregon miners petition US Supreme Court in Bohmker v. Oregon
- Wheeler receives hearing as EPA administrator
PLP Update: How to Restore The Rights of Suction Dredge Miners
A two-pronged approach is necessary to restore suction dredging; federal preemption needs to be established as addressed above via petition; and clarification from the EPA is needed to establish that no Section 402 permit is necessary when there is no “addition” of a pollutant.
Suction Gold Dredge Miners Win On Federal Preemption
Judge Ochoa went so far as to call the California permit scheme “unenforceable.”
Legislative And Regulatory Update
• Good news on EPA regs
• California rewards key appointment to dredging foe
• Republicans seek to block creation of National Monuments
• Zimbabwe threatens seizure of mining rights
MSHA Moves Ahead on Silica RFI But Leaves All Options Open
For now, MSHA is just collecting information. However, the information it collects will shape what comes next.
PLP Update
During discussions with other property rights advocates and members of the current administration, Karen Budd-Falen’s name was mentioned many times as a possible director for the Bureau of Land Management (BLM).
PLP Update
We now have supporters who are well known and connected in Washington, DC, and who state they will assist us in bypassing lower level staffers and getting us face-to-face meetings with Senators.
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