Garrett Electronics - trusted by real miners & prospectors!

Magazine

PLP and Mining Districts

PLP Update

States continue to block miners from mining their federal mining claims across the West by requiring a Section 402 Clean Water Act permit. The Clean Water Act clearly states the “addition” of a pollutant is the trigger, but these states continue to ignore the law and they’ve been backed by liberal courts like the Oregon Supreme Court and the 9th Circuit Court of Appeals.

We were looking forward to the US Supreme Court finally weighing in on this Section 402 permit issue in Eastern Oregon Mining Association v. Oregon Department of Environmental Quality after the miners appealed a decision from the Oregon Supreme Court. But the US Supreme Court accepts less than 3% of the cases it receives for review and, unfortunately, this wasn’t one of them. So now what? Where do we go from here?

We here at the Mining Journal, along with Public Lands for the People, have been working with a few folks in Washington, DC, on this issue for the past year. Last year, Donald Smith, a miner in Idaho, was dealing with the same permit issue, and we gave him a hand with writing a petition for rulemaking addressed to the EPA. (Section 402 permitting is handled by many of the Western States under a memorandum of understanding with each state.)

We’ve built up some contacts in DC during our trips there over the past four years, and we believe we finally have the correct contacts who can get this petition reviewed by the proper people. We’ve been in touch with them over the past two weeks and we were hoping to have further news to report on this process, but we didn’t get any confirmation by press time. We are asking for the EPA to provide clarification to federal and state agencies that a Section 402 permit is not required for suction gold dredging because there is no addition of a pollutant. We will certainly keep your posted.

On another note, we are also talking with Trump administration officials about providing relief in many other areas, and what is the best and quickest route to provide that relief. 

As all of you know, the House is currently controlled by Democrats while Republicans control the Senate. Many members of Congress are too busy fighting with each other and worrying about re-election to get anything significant accomplished so we are in active discussions about a more efficient alternative with some of our DC contacts.

I can’t give any specific details on this effort at this time, but will certainly let our readers know when that opportunity arises.

© ICMJ's Prospecting and Mining Journal, CMJ Inc.
Next Article »« Previous Article

Add a Comment

Additional articles that might interest you...

PLP Update


We are happy to report that the current administration has issued a directive to the Forest Service and BLM to address this concern…

PLP Update


We are heading into 2019 with a cautiously optimistic view. We feel we are very close to obtaining regulatory relief for miners, and believe this NDAA cycle will prove fruitful.

PLP Update


The ESA has become an unwieldy beast that was hijacked by government agencies run amok, and by extreme environmental groups who saw it as a way to lock up public lands and to generate income through exaggerated claims and continuous lawsuits.

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


A two-pronged approach is necessary to restore suction dredging; federal preemption needs to be established as addressed above via petition; and clarification from the EPA is needed to establish that no Section 402 permit is necessary when there is no “addition” of a pollutant.

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. 

Direct and Constructive Notice


It's a proven civil remedy to put an end to harassment by notifying a person who is either overstepping their authority, or failing to act as required, that they will be sued personally for an act or omission.

PLP Update


Now they have come up with a second guide (to be released on May 1) that they believe will allow dredgers in California to resume working.

Subscription Required:
The Bawl Mill   • Ask The Experts - Can GPR be used for lode prospecting?   • Ask The Experts - How do I extract gold from pyrite?   • Ask The Experts - Should I dig faint sounds with no indicator bars while detecting?   • Ask The Experts - Should the detector sound on iron and nickel in a gold area?   • Hard Rock 101: Micro Blasting   • Sluicing and Detecting Downstream   • Tips and Tricks   • Gold Prospecting for Better or Worse: Does Caliche Grow?   • 10 Keys to Prospecting Like A Pro   • Polymetallic Skarn Deposits   • Practical Advice for Milling Hard Rock Ores   • Speed Prospecting for Hard Rock Gold   • Forrest Fenn Treasure Chest Finally Found?   • Melman on Gold & Silver   • Mining Stock Quotes and Mineral & Metal Prices

Free:
Legislative and Regulatory Update

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