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.
• "Not a pollutant"
• Thank you Senator Sessions
• California suction dredging
• EPA uses secret email accounts
Casperson said he is not worried about businesses subverting the language in the bill because the DEQ would still have the authority to halt the new construction if it is deemed environmentally unsound.
• Lawsuits galore
• Suction dredging saga continues
• HR 1937 to streamline permitting, remove obstacles to miners
• Sage-grouse debate continues
• More National Monuments
• US Supreme Court may consider requirements for Notitce of Intent
• Oregon considering mining restrictions
• Latest developments in California suction dredging moratorium
• Spotted owl habitat
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.
• Comment period extended for frog habitat
• Tennessee permits for gold prospecting
• California dredging injunction and restraining order hearing
Alaska Governor Sean Parnell has ordered an investigation of the recent raids, saying he will not tolerate a state agency's participation in the sort of conduct displayed.
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