Legislation & Regulation
Legislative and Regulatory Update
February 2019 by Scott Harn
• Oregon miners petition US Supreme Court in Bohmker v. Oregon
“Multiple states now assert the right to ban mining as a use of specified federal lands categorically, rather than provide a permit-based process for imposing reasonable environmental standards on federal mining operations,” says attorney James Buchal in his Petition for Writ of Certiorari filed with the United States Supreme Court submitted on January 21, 2019.
In Joshua Caleb Bohmker v. State of Oregon, the Miners argue the State of Oregon is thumbing its collective nose at federal preemption under the Property Clause and the Supremacy Clause of the US Constitution, Articles IV and VI, respectively.
This case differs from Rinehart v. State of California in that Rinehart was cited for suction dredging without a permit, while Bohmker sued the State of Oregon for passing legislation that outlawed the use of motorized equipment on federal mining claims. The legislation permanently prevents a miner from developing his mining claim on federal lands.
It should be noted that the Galice Mining District intervened in this case and is asserting their rights under the 1872 Mining Act. The 1872 Mining Act includes “...and according to the local customs or rules of miners in the several mining districts...”
We had hoped Mr. Buchal would incorporate Mining District rights, as defined in the 1872 Mining Act, into the Rinehart case, but for whatever reason that did not happen. With Bohmker v. Oregon, this may be an opportunity to see if the US Supreme Court will honor this relevant statue in this case and if the new makeup of Supreme Court justices are ready to take a hard look at federal preemption.
You’ll find a link to this Petition for Writ of Certiorari in the online version of this article.
• Wheeler receives hearing as EPA Administrator
Andrew Wheeler has been the acting director of the Environmental Protection Agency (EPA) since July 2018. He was promoted to acting administrator from his deputy administrator position following the resignation of Scott Pruitt. President Trump nominated Wheeler to take over as the agency head in November 2018. He received a Senate confirmation hearing on January 16, 2018.
Wheeler has prior experience as chief counsel to the Senate Committee on Environment and Public Works, and for Senator James Inhofe who is the current chair of the Senate Armed Services Committee.
With the current makeup of the Senate, Wheeler is expected to be confirmed shortly.
MMAC & PLP Update
Each separate Mining District is a federally recognized entity. There are huge advantages—picture yourself going to an oversight meeting where 2, 3, 4, or even more Mining District representatives have obtained voting positions on the board.
Minnesota Delays Decision on Mineral Leases
Landowners complained that mineral mining on or near their property could damage property values while leaving them without a cut of potential profits.
Feds Challenge North Idaho Mining Claims
Fishing, camping and the protection of American Indian artifacts along a 30-mile section of the North Fork of the Clearwater River outweigh the desire of placer miners to search for gold, an attorney representing the US Forest Service said.
Because I Said So
Like all federal judges, he swore an oath to perform his duties “impartially… under the Constitution and laws of the U.S.” Nothing in those documents gives Judge Morris authority to order the BLM to work with non-government organizations (the same ones that filed the lawsuit in question) to alter America’s use of energy.
Legislative and Regulatory Update
Legislative and Regulatory Update
• Additional access restrictions proposed in Arizona
• Oregon senators introduce bill to place state rivers and streams off-limits
The Disappearance of State Mining Departments
Unfortunately, mining is politically unpopular and support of the mining industry, no matter how many jobs it brings to a state, even in times of difficult financial need, is never popular among politicians of any stripe.
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