Garrett Electronics - trusted by real miners & prospectors!

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...

Legislative and Regulatory Update


• "Recreational" mining bills in Washington State
• Three more national monuments

Legislative and Regulatory Update


• WOTUS
• Sheriff withdraws Forest Service law enforcement authority

Judge Denies Request To Delay Michigan Mine


Manderfield’s ruling opens the way for Kennecott Eagle to begin blasting. The company has declined to say when it will start. A spokeswoman said drilling would begin “in the coming weeks".

Legislative and Regulatory Update


• Forest Service proposes next step in Agenda 21
• 9th Circuit deals blow to small miners

Legislative and Regulatory Update


  • Massive 660-page lands bill passed in the Senate

Legislative and Regulatory Update


• Not so happy birthday
• Even more support for the PLP

Legislative and Regulatory Update


• Critical minerals obtain national security status
• Idaho to take over EPA permitting

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