Professional Equipment for Serious Detectorists!

Magazine

Legislation & Regulation

Legislative and Regulatory Update

US District Court rules against Oregon miners
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.
© ICMJ's Prospecting and Mining Journal, CMJ Inc.
Next Article »« Previous Article

Add a Comment

Additional articles that might interest you...

What Can I Do to Save My Mining Rights?


We can either surrender or draw a line in the sand and fight to hold the remaining mining rights we still have.

Proof Mining Districts Work!


If you need more proof that having an organized Mining District can help you, look no further than the recently proposed Methow Headwaters Withdrawal in north-central Washington State.

Legislative and Regulatory Update


  • Budd-Falen in line to become next director at BLM
  • Ten national monuments slated for changes or reductions
  • California adds another fee

Update: People v. Rinehart


The law is on our side, but we’ve seen some crazy rulings coming out of courtrooms lately. I believe Rinehart will win his case, but then we move on to the State Water Resources Control Board.

Learning the Game and the Power to Change It


The one legal entity that can change the game and provide a path and template to protect landowners and public land users across the United States is the miner.

Legislative and Regulatory Update


• California suction dredging regulations
• Draft Coho recovery plan for Southern Oregon, Northern California
• Sage-grouse

Addressing EPA Overreach: What Dredgers Need to Know


The Environmental Protection Agency (EPA) has been attempting to extend their authority and intimidate miners and other public land users for decades. Suction gold dredgers are no exception, and we want to highlight a recent example of how to deal with this federal overreach.

Subscription Required:
The Bawl Mill   • Our Readers Say   • Ask The Experts   • Ask The Experts   • Ask The Experts   • Ask The Experts   • Think You Got It All? Guess Again!   • Nevada's Silver City Gold District -- Part II   • MMAC & PLP Update   • Hard Rock Prospecting With Rusty   • Drywashing in Black Canyon, Arizona   • Progress Continues in Honduras   • Melman on Gold & Silver   • Mining Stock Quotes and Mineral & Metal Prices

Free:
Another Successful Gold Prospecting and Mining Summit

Advertisements

Garrett Electronics - trusted by real miners & prospectors!
Precious Metals Recovery plants and equipment
Fighting to keep public lands open to the public
Specializing in the processing of precious metal ores!
Watch prospecting shows on your computer right now
Free Online Sample Issue