Legislative and Regulatory Update
March 2014 by Scott Harn• Idaho challenges EPA regulations
How about some good news for a change?
Suction gold dredgers in Idaho were upset with EPA’s recent decision to require a National Pollution Discharge Elimination System (NPDES).
The EPA required the permit despite a 2013 US Supreme Court ruling that “moving polluted water between two parts of the same water body does not constitute a discharge of pollutants” under the Clean Water Act (Natural Resources Defense Council v. Los Angeles County Flood Control District).
Dredgers took their complaints to their legislators, and the result was a February 3, 2014 hearing in front of the Senate Committee on Resources and Environment and the House Committee on Resources and Conservation. The main speakers were all in favor of eliminating the NPDES requirement, and included retired US EPA scientist Joe Greene, Waldo Mining District (Oregon) President Tom Kitchar, Idaho County Sheriff Doug Giddings, and Idaho County Commissioner Jim Chmelik. (Click on the “Resources” tab at www.icmj.com and then on “Videos” to view the hearing.)
On February 6, Representative Paul Shepherd and others sponsored H 0473, an emergency bill that would declare EPA regulations “null and void” in the state. The bill’s stated purpose is “to protect citizens of Idaho from EPA regulations that are not authorized by the Constitution of the United States and violate the Constitution’s true meaning of intent.”
At press time, the bill had passed out of the House State Affairs Committee and was scheduled for a full hearing.
• California suction gold dredging
The consolidated court cases challenging the State of California’s moratorium on suction gold dredging is scheduled for May 1, 2014, at Rancho Cucamonga Superior Court, 8303 Haven Ave, Rancho Cucamonga, CA 91730. The hearing will begin at 8:30am. Miners are encouraged to attend to show their support!
Another challenge mounted by suction dredge miner Brandon Rinehart, who was cited for dredging without a permit, will be heard by the California Court of Appeals.
Rinehart was cited for not obtaining a permit that was impossible to obtain due to the current suction dredging moratorium in the state.
Rinehart is being represented by attorney James Buchal, and the Pacific Legal Foundation has filed an amicus brief.
We’ll keep you posted as these cases progress.
Meanwhile, we concluded our recent fundraiser for Public Lands for the People to help pay for the ongoing litigation. New or renewing subscribers could join PLP for a reduced price of $25—and ICMJ’s Prospecting and Mining Journal chipped in the additional $10 for a one-year PLP membership.
We want to thank the following additional subscribers who jumped in to help fund the fight:
Paul Vanslyke—West Jordan, UT
Brian Skinner—Preston, ID
Clem Monday—Oroville, CA
Andy Harrild—Bend, OR
Betty & Phil Leas—Weed, CA
Russ Riddle—Sidney, OH
Will Moss—Irvine, CA
Fred Bartow—Vancouver, WA
Stephen Miller—Salmon, ID
Gary Heglund—Salem, OR
William Kirnberger—Lakehead, CA
James Shumate—El Dorado, CA
John Calvert—Yucca Valley, CA
All told, 140 subscribers joined Public Lands for the People and contributed $4,373.65, while ICMJ’s Prospecting and Mining Journal added another $1,400 for a total of $5,775.65. Thank you for your support!
All 28 groups listed agree that Section 402 of the Clean Water Act does not apply and no dredge miner should be asking a state or federal agency for such a permit.
- Bishop and Curtis seek to rein in Antiquities Act abuses
- Lands bill signed by President Trump
Suction dredging court cases in California linger on
On July 4, we are reminded of the sacrifices our Founding Fathers made to establish this great country of ours, and in that spirit, the Minerals and Mining Advisory Council (MMAC) has created a draft Declaration of Miners.And MMAC has been hard at work writing a bill, with the unwavering support of several members of Congress, to reaffirm the rights of miners operating in traditional mining districts.
• Oregon passes SB 838
• Meanwhile, in California
Mining Districts are the private regulatory authority granted by Congress recognized to regulate the mineral lands held by the United States and for the disposal to citizens of the United States, by means of development and potentially perfected by patent.
The petition seeks specific changes to existing Forest Service and Bureau of Land Management regulations to restore the intent of Congress and federal preemption.
The Bawl Mill • Ask the Experts • Ask the Experts • Ask the Experts • Ask the Experts • Prospecting Hard Rock • Reese River Silver Mining District, Nevada • Alaska: Large-Scale Mining Can Be Done Right • Gold of the Iditarod Mining District, Alaska • Bedrock • Natural Gold Alloys • Government Takes Land for Open Space • Comments on Gold Rush and Bering Sea Gold Series • Hidden Value in Old Tailings • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices