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
• Lawsuits galore
• Suction dredging saga continues
• HR 1937 to streamline permitting, remove obstacles to miners
• Sage-grouse debate continues
• More National Monuments
Appeals Court OKs Permits for Upper Peninsula Mine
The $800 million project will provide 300 jobs during production. It will be the only US mine where nickel is the primary targeted mineral, with about 360 million pounds to be extracted.
BLM Raises Location and Claim Fees
The Bureau of Land Management announced an increase in location filing fees and annual maintenance fees for unpatented mining claims, mill sites and tunnel sites.
Legislative and Regulatory Update
• Battle continues in Oregon
• Stop annexation in Southern California
• EPA ignores Supreme Court ruling with new Idaho permit
• Alaska sues Feds to restore access rights
• California dredgers await next big court date
PLP and MMAC Update
The current administration is receptive; we believe the time is ripe to push for a return to reasonable regulations and to restore mining to a priority for public lands as long as some new crisis doesn’t take precedent.
Legislative and Regulatory Update
• Conformation for some
• Congress canceling regulations
Because I Said So
Like all federal judges, he swore an oath to perform his duties “impartially… under the Constitution and laws of the U.S.” Nothing in those documents gives Judge Morris authority to order the BLM to work with non-government organizations (the same ones that filed the lawsuit in question) to alter America’s use of energy.
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