Judge affirms stricter interpretation of federal mining law

Apr 12, 2023, 1:28 PM | Updated: 1:56 pm

RENO, Nev. (AP) — Another judge has adopted a U.S. appellate court’s stricter interpretation of a century-and-a-half-old mining law in a new ruling that blocks a metals mine in Nevada. The ruling could have ramifications for a huge lithium mine near the Nevada-Oregon line and other future mines on public lands across the West.

U.S. District Judge Larry Hicks in Reno vacated the U.S. Bureau of Land Management’s approval of Eureka Moly’s planned molybdenum mine about 250 miles (402 kilometers) east of Reno in a case that dates to 2013 and made two trips to the 9th U.S. Circuit Court of Appeals.

Hicks cited the 9th Circuit’s unprecedented ruling in an Arizona case last year that upended the government’s long-held position that the 1872 Mining Law conveys the same rights established through a valid mining claim to adjacent land for the disposal of tailings and other waste.

That ruling blocked construction of a copper mine based on the conclusion those rights don’t automatically apply to the neighboring national forest lands where the company planned to dump the waste rock.

Rather, the company must establish — and the government validate — that valuable minerals are present in such lands for such a claim to exist.

In the case of the molybdenum, which is most often used to strengthen steel, Hicks found “no meaningful difference” between the Forest Service arguments in the 9th Circuit decision on the Arizona mine “and BLM’s arguments here.”

“BLM cannot skirt the Mining Law requirement that valuable mineral deposits must be found in order to occupy the land,” he wrote March 31.

U.S. Judge Miranda Du in Reno cited the 9th Circuit ruling in concluding last month that BLM acted illegally when it approved Lithium Americas’ Thacker Pass mine near the Nevada-Oregon line.

But unlike Hicks or the appellate court, Du stopped short of vacating BLM’s approval of the project.

Instead, she moved the project back to the agency to determine whether there is sufficient evidence of valuable minerals to establish valid claims. Meanwhile, construction efforts are underway.

Environmentalists have appealed Du’s ruling on the lithium mine to the San Francisco-based court, which is expected to hear oral arguments in June.

Lithium is used in the manufacture of batteries for electric vehicles — a key part of President Joe Biden’s “clean energy” agenda intended to speed a transition from fossil fuels to renewables.

Like other mines have done for decades, Eureka Moly LLC (EML) argued it didn’t intend to permanently occupy the adjacent lands because the mining at Mt. Hope would end in 40 years.

But Hicks said the 9th Circuit also shot down that argument.

“Although EML’s authorization to use the land will expire when the project is complete, the waste rock will remain. Thus, EML’s occupation … will be permanent,” Hicks said. The “Rosemont (decision) requires that to permanently occupy the land as EML proposes, valuable deposits of minerals must exist.”

The record contains no evidence of molybdenite on surrounding lands, he said, and “BLM admits that it made no attempt to determine whether EML’s mining claims are valid.”

Environmentalists say Hicks’ ruling bodes well for their Thacker Pass appeal.

“It’s very significant,” said Roger Flynn, a longtime attorney for the Colorado-based Western Action Mining Project representing the Great Basin Resource Watch and others in lawsuits challenging both the molybdenum and lithium mines.

“All three rulings now say you can’t bury waste there unless you find valuable minerals,” he said. “The Rosemont issue would apply to basically every big mine in the West.”

Flynn anticipates the next related court case could involve a mine planned in Idaho, the Stibnite Gold Project, which is undergoing Forest Service review and isn’t yet ripe for a legal challenge.

Lithium Americas and other industry leaders insist conservationists are exaggerating the potential reach of the 9th Circuit ruling.

“The Mt. Hope case did not impact Thacker Pass,” Lithium Americas spokesman Tim Crowley said.

“The Thacker Pass and Mt. Hope cases addressed different facts, different legal arguments and had different outcomes,” he wrote in an email Tuesday to The Associated Press. “The judge in our case thoroughly considered the specific Thacker Pass details in rendering her decision, and the project is now in construction and moving forward. ”

Mark Compton, executive director of the American Exploration & Mining Association, agreed.

“I don’t believe a straight line comparison can be made between the court decisions on Mt. Hope, Thacker Pass, and Rosemont,” Compton said in an email. “The facts are unique to each case.”

But John Hadder, executive director of the Reno-based Great Basin Resource Watch, said Hicks’ ruling on the heels of Du’s sets the stage for appeal arguments in June.

“Both judges are saying there’s illegal actions here,” Hadder said. He questions why Du allowed construction to begin if Lithium Americas’ plan isn’t legal.

“It violates the law, but there’s no repercussion. They can still go forward with the illegal action. It doesn’t make sense,” Hadder said. “We’re hoping the 9th Circuit will not only validate the ruling but also vacate the permit.”

United States News

Former President Donald Trump visits with campaign volunteers at the Grimes Community Complex Park,...

Associated Press

Florida grand jury involved in Trump documents probe by Justice Dept., AP source says

WASHINGTON (AP) — Federal prosecutors are using a grand jury in Florida as part of their investigation into the possible mishandling of classified documents at former President Donald Trump’s Palm Beach property, a person familiar with the matter said Tuesday night. The grand jury is in addition to a separate panel that has been meeting […]

20 hours ago

FILE - Protesters stand outside of the Senate chamber at the Indiana Statehouse on Feb. 22, 2023, i...

Associated Press

LGBTQ+ Americans are under attack, Human Rights Campaign declares in state of emergency warning

The Human Rights Campaign declared a state of emergency for LGBTQ+ people in the U.S. on Tuesday.

20 hours ago

Associated Press

Racist message, dead raccoon left for Oregon mayor, Black city council member

REDMOND, Ore. (AP) — Someone left a dead raccoon and a sign with “intimidating language” that mentioned a Black city councilor outside the law office of an Oregon mayor, police said. Redmond Mayor Ed Fitch found the raccoon and the sign on Monday, the Redmond Police Department said in a news release. The sign mentioned […]

20 hours ago

FILE - People wait in line outside the Supreme Court in Washington to listen to oral arguments in a...

Associated Press

Supreme Court opened the door to states’ voting restrictions. Now a new ruling could widen them.

Within hours of a U.S. Supreme Court decision dismantling a key provision of the Voting Rights Act, Texas lawmakers announced plans to implement a strict voter ID law that had been blocked by a federal court. Lawmakers in Alabama said they would press forward with a similar law that had been on hold.

20 hours ago

FILE - A former iron ore processing plant near Hoyt Lakes, Minn., that would become part of a propo...

Associated Press

US Army Corps revokes permit for Minnesota mine, cites threat to downstream tribe’s water standards

MINNEAPOLIS (AP) — The U.S. Army Corps of Engineers said Tuesday it has revoked a crucial federal permit for the proposed NewRange Copper Nickel mine in northeastern Minnesota, a project popularly known as PolyMet, saying the permit did not comply with the water quality standards set by a sovereign downstream tribe. The Corps said in […]

20 hours ago

FILE - The North Carolina Capitol stands, July 24, 2013, in Raleigh, N.C. The promotion of certain ...

Associated Press

North Carolina legislature approves limits on politics, race discussion in state workplaces

RALEIGH, N.C. (AP) — The promotion of certain beliefs that some North Carolina lawmakers have likened to “critical race theory” is on track to be banned in state government workplaces, under a bill that received final legislative approval on Tuesday. The two-pronged proposal that passed the GOP-controlled Senate 30-15, with three Democrats and all present […]

20 hours ago

Sponsored Articles

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

(Desert Institute for Spine Care in Arizona Photo)...

Desert Institute for Spine Care in Arizona

5 common causes for chronic neck pain

Neck pain can debilitate one’s daily routine, yet 80% of people experience it in their lives and 20%-50% deal with it annually.

...

Day & Night Air Conditioning, Heating and Plumbing

Company looking for oldest air conditioner and wants to reward homeowner with new one

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Judge affirms stricter interpretation of federal mining law