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.
Legislative and Regulatory Update
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.
Addressing EPA Overreach: What Dredgers Need to Know
EPA Reopens Comments on Pebble Project
The settlement did not grant an immediate approval for the project, but it did begin to clear the way for the company to apply for federal permits—a path the Obama administration previously had thwarted.
Oregon's Waldo and Galice Mining Districts Unite
We ask that all who attend this demonstration bring their mining equipment to display and actively talk with the attending public in a courteous fashion about the benefits of suction dredging…
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.
Comstock Mining Gets Approval
The approval, which affects 87 acres on the south end of Silver City, allows the company to move forward with exploration to determine the area's mining potential.
Subscription Required:
The Bawl Mill
• Ask The Experts - Do I need something other than a fire assay for PGMs?
• Ask The Experts - This low-grade ore is not worth processing
• Placer Gold Deposits of New Mexico
• The Hunch
• Resurrecting An Old Hard Rock Mine—A Series of Small Victories
• The Basics of Exploration Leases and Contracts—Part I
• Gold Prospecting for Better or Worse: A Long Hike
• Mutiny on The Mason
• Who Jumped Whose Claim First?
• The Value of Evidence
• Over The Divide: Charles "Chuck" Cushman
• Melman on Gold & Silver
• Mining Stock Quotes and Mineral & Metal Prices
Free:
PLP Update
