Legislation & Regulation
Legislative and Regulatory Update
January 2015 by Scott Harn
• Some positives in spending bill
Both houses of Congress recently passed a spending bill to fund much of the US government through September 2015. There were a few positive items within that bill.
Republicans succeeded in blocking the Environmental Protection Agency (EPA) from changing the definition of “waters of the United States” to include ephemeral streams, washes and irrigation ditches.
The EPA also will have their budget cut by another $60 million, which brings it down to $8.1 billion, a reduction of $2.2 billion since fiscal 2010.
Incoming Senate Majority Leader Mitch McConnell, who’s scheduled to take over the job from Harry Reid, told the Kentucky Farm Bureau, “The bill that funds the Environmental Protection Agency, as you can imagine, is going to be a major target of our efforts, to go after these ridiculous, overreaching efforts that are strangling our economy.”
The bill also bans the Fish & Wildlife Service from adding the sage-grouse to the Endangered Species Act list, though $15 million was approved for the conservation of sage-grouse habitat to the Bureau of Land Management. The sage-grouse is prevalent across ten Western states and an ESA listing would severely restrict public and private land use.
• Judge puts brakes on the EPA in Alaska
A federal judge ordered the EPA to stop work on its effort to preemptively veto the Pebble mine in Alaska.
Documents obtained under the Freedom of Information Act showed that Phillip North, a now-retired EPA biologist based in Alaska, began meeting with opponents of the Pebble project as far back as 2008 about using the power of the Clean Water Act to stop the project before the mining company could apply for a permit.
North and the EPA are accused of conspiring with Native American groups and environmental organizations to come up with a “patently biased” environmental assessment in a lawsuit filed by the Pebble Partnership.
The preliminary injunction issued by Judge Russel Holland indicates he believes the Pebble lawsuit has merit.
Lawmakers investigating the EPA’s role corresponded with North by email and tried to arrange a date for him to appear and provide testimony in 2013, but he disappeared and subsequently hired a lawyer.
• Judge to rule in favor of suction gold dredgers
Judge Gilbert Ochoa made it clear during a December 12 hearing he intends to rule in favor of suction gold dredgers in California regarding preemption.
James Buchal and David Young, attorneys representing the suction gold dredge miners, successfully argued that federal mining law preempts state mining law and their position was backed up by the recent Third Appellate Court decision in People v. Rinehart.
The Mandatory Settlement Conference involving the miners, attorneys representing the State of California and environmental groups will continue and there are still hoops to jump through before suction gold dredging can resume.
For the complete story, see “Significant Progress for California Suction Gold Dredgers” later in this issue.![](http://www.icmj.com/userfiles/images/endpick.jpg)
![](http://www.icmj.com/userfiles/images/endpick.jpg)
© ICMJ's Prospecting and Mining Journal, CMJ Inc.
Next Article »« Previous Article
Additional articles that might interest you...
US Policies Holding Back Arizona
April 2012
Washington’s decision to bar new uranium mining near the Grand Canyon and other federal policies on energy and resource issues are barriers holding back Arizona and its residents from prosperity, Governor Jan Brewer told a congressional hearing March 16.
Washington’s decision to bar new uranium mining near the Grand Canyon and other federal policies on energy and resource issues are barriers holding back Arizona and its residents from prosperity, Governor Jan Brewer told a congressional hearing March 16.
Central Idaho Federal Employees Back to Work With Local Help
December 2016
The fire started early October 4, destroying the Bureau of Land Management office on the edge of town within minutes.
The fire started early October 4, destroying the Bureau of Land Management office on the edge of town within minutes.
Legislative and Regulatory Update
January 2015
• Some positives in spending bill
• Judge puts brakes on the EPA in Alaska
• Judge to rule in favor of suction gold dredgers
• Some positives in spending bill
• Judge puts brakes on the EPA in Alaska
• Judge to rule in favor of suction gold dredgers
CA Supreme Court Rules Against Rinehart - But There Is A Solution
September 2016
Even if the California Supreme Court had ruled in favor of Rinehart, suction dredge miners would be facing the wrath of the State Water Resources Control Board...
Even if the California Supreme Court had ruled in favor of Rinehart, suction dredge miners would be facing the wrath of the State Water Resources Control Board...
It's Time to Get the Heck Out of China
May 2020
We are at a crossroads; either we establish the mining, production and refining of rare earth elements here in the US or we remain subjected to the whims of the Chinese government.
MMAC & PLP Update
April 2016
The legislators soon came to the realization that Mining Districts and our proposed bill can solve many of the problems they currently face in their home states.
![](http://www.icmj.com/userfiles/images/201604/38-toc.jpg)
Subscription Required:
The Bawl Mill
• Ask the Experts
• Ask the Experts
• Ask the Experts
• Ask the Experts
• Return to Chicken, Alaska
• The Pothole Patch
• All About Pyrite
• Diamond Prospecting in Indiana
• Significant Progress for California Suction Gold Dredgers
• Why Did This Silver Mine Close? -Conclusion
• The Ely Copper-Gold District of Nevada
• Melman on Gold & Silver
• Mining Stock Quotes and Mineral & Metal Prices