On March 25, 2016, Judge Mark Clarke ruled the State of Oregon can prohibit the use of motorized equipment for instream mining in the name of environmental protection. (Bohmker v. State of Oregon, US District Court, Medford, Oregon, 1:15-cv-01975-CL.)
Judge Clarke stated his decision is not in conflict with the 1872 Mining Act because there is no language in the Mining Act or elsewhere that requires mining to be profitable, and miners are welcome to continue mining with non-motorized equipment.
This decision follows a disturbing trend where judges defer to state and federal agencies regarding what constitutes “reasonable” regulation. And it could very well have a negative impact on the People v. Rinehart case, which is currently under consideration by the California Supreme Court. That case involves federal preemption of state laws and will decide whether or not California can require permits for suction gold dredging—a mining method allowed under federal law—yet refuse to issue such permits.
But before you throw your hands up in disgust and walk away, take a minute to read our “MMAC & PLP Update” in this issue. In that article we lay out the path to getting this situation fixed. We found many sympathetic ears and overwhelming support in Congress during a recent trip to Washington, D.C., and I think your spirits will be lifted again.
• Bill to halt sage grouse management plans introduced
Rob Bishop (R-Utah), Chairman of the House Natural Resources Committee, has introduced HR 4339, “The Greater Sage Grouse Protection and Recovery Act of 2016.” The bill would give governors the power to reject parts of the federal sage grouse management plans that call for mineral withdrawals or are otherwise inconsistent with state plans.
Chairman Bishop was joined by fourteen co-sponsors.
In the meantime, the Department of Interior is trying to complete their list of areas to withdraw from mineral entry so the agency can publish those withdrawals in the Federal Register in the next few months.
Back in September 2015, the Department of Interior declared that an Endangered Species listing for sage grouse was not warranted, then followed up with an announcement that millions of acres across the Western states would be considered for mineral withdrawals to set aside habitat.
Six lawsuits have already been filed against the Interior’s sage grouse plans and more are expected. The American Exploration and Mining Association stated they are working with Mountain States Legal Foundation and will add their name to the list of plaintiffs soon.
October 2014 They want to close our roads on public land (built by taxpayer funds) to keep us and our disabled veterans out. And it won’t stop with just mining.
January 2013 • US Supreme Court may consider requirements for Notitce of Intent
• Oregon considering mining restrictions
• Latest developments in California suction dredging moratorium
• Spotted owl habitat
US uranium mines produced less than 174,000 pounds in 2019, according to the February Energy Information Administration report. That’s down from 4.9 million pounds in 2014.
July 2014 In the meeting, we presented Ms. Skalski with the various court cases from the 9th Circuit Court on these settled law cases and she was mortified.
February 2016 Gold and jade are actually only minor mineral resources for the Northwestern Alaska region as a whole. Modern prospecting has focused more on base metal than precious metal resources.