Let us help you recover valuable metals. 888-437-1187

Magazine

Legislation & Regulation

Legislative and Regulatory Update

ESA changes for the better
On August 12, 2019, the Trump administration finalized three rules governing the Endangered Species Act (ESA). (They are rather lengthy documents and links are provided at the end of this article.)

These rules are major improvements and will:

  1. Advise the public of the economic impact of a listing decision.
  2. Limit circumstances where unoccupied habitat can be designated as critical habitat.
  3. Remove the “blanket rule” that applied all prohibitions regarding endangered species to threatened species.
  4. Shift the burden to the Fish & Wildlife Service to define prohibitions for threatened species on a case-by-case basis subject to the rulemaking process.
  5. Provide a new definition for  threatened species that will limit the scope of threats weighed in the listing decision to those which are probable in the foreseeable future.
  6. Streamline the de-listing process to removed recovered species from the list.

Clark Pearson (Public Lands for the People) and I had two in-person meetings with officials in the current administration in DC regarding  these issues, and we are happy to see these specific items being addressed.  

Further justification for the rulemaking comes from a unanimous decision by the US Supreme Court in Weyerhaeuser v. US Fish & Wildlife. In this 2018 case, the court ruled that the ESA must consider economic and other impacts before making a critical habitat designation.

In Weyerhaeuser, the Fish & Wildlife Service designated a parcel of land in Louisiana critical habitat for the endangered dusky gopher frog. The frog currently lives hundreds of miles away in Mississippi and had not been seen in Louisiana for decades. Additionally, the land in question was deemed unsuitable for the frog, but the Service claimed that habitat can include areas that would require “some degree of modification.” The US Supreme Court disagreed.

_______________

Fish & Wildlife: Endangered and Threatened Species Interagency Cooperation: https://www.federalregister.gov/documents/2019/08/27/2019-17517/endangered-and-threatened-wildlife-and-plants-regulations-for-interagency-cooperation

Fish & Wildlife: Listing Species and Designation Critical Habitat: https://www.federalregister.gov/documents/2019/08/27/2019-17518/endangered-and-threatened-wildlife-and-plants-regulations-for-listing-species-and-designating

Fish & Wildlife: Prohibitions to Threatened Wildlife and Plants: https://www.federalregister.gov/documents/2019/08/27/2019-17518/endangered-and-threatened-wildlife-and-plants-regulations-for-listing-species-and-designating

© 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


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

MMAC Update


We will be bringing the first of several bills that were requested by Congress during a previous MMAC trip and presenting maps depicting all the MMAC-assisted Mining Districts.

Legislative and Regulatory Update


  • Welcome changes in Washington, DC
  • Giving power back to the people

Legislative and Regulatory Update


• Partial win for miners
• California suction dredging
• Feds continue to push for more public lands
• Idaho suction dredging

Legislative and Regulatory Update


  • PLF files petition with US Supreme Court on behalf of Oregon miners
  • Land and Water Conservation Fund abuse by Forest Service
  • Army asks for REE proposals

Feinstein Pushes for Million-Acre Land Grab


Met by jeers and cheers from more than 1,000 people, US Senator Diane Feinstein (D-CA) made another pitch to create three new national monuments in the deserts of southern California recently.

Legislative and Regulatory Update


• BLM claim fees rise
• Critical minerals bill
• Sage-grouse habitat

Subscription Required:
The Bawl Mill   • Ask The Experts - How do I remove the silvery-white coating from my gold?   • Ask The Experts - Is it possible to mine glacial moraine placer deposits?   • Ask The Experts - Why are some valid mining claims missing from apps when researching land status?   • Ask The Experts - Is using a drywasher legal in California   • A High Country Patch   • An Update On The Father's Day Gold Discovery   • Exploring The Historic Rand Mining District, Southern California   • Disturbing Trend: Federal Judges Disregard Mining Laws   • My First Carolina Nugget   • How to Refine Silver—Pt I   • Step-by-Step Crevicing   • Melman on Gold & Silver   • Mom Finds 3.72-Carat Yellow Diamond   • Mining Stock Quotes and Mineral & Metal Prices

Free:
PLP Update: How to Restore The Rights of Suction Dredge Miners

Advertisements

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