ARIZONA NEWS

Planned U.S. Senate bill would counteract southern Arizona Mining Law ruling

Apr 24, 2023, 7:00 PM

FILE - The Lavender pit mine, where a copper operation stopped in 1974, sits outside Bisbee, Ariz.,...

FILE - The Lavender pit mine, where a copper operation stopped in 1974, sits outside Bisbee, Ariz., on May 12, 2019. A Nevada Democrat and an Idaho Republican expect to introduce a Senate bill Tuesday, April 25, 2023, to ensure mining companies can use lands neighboring their federal claims to dump waste as they always had before a U.S. appeals court adopted a stricter interpretation last year of a 150-year-old law. (AP Photo/Anita Snow, File)

(AP Photo/Anita Snow, File)

Nevada Democratic U.S. Sen. Catherine Cortez Masto — and Sen. Kyrsten Sinema of Arizona as a co-sponsor — is looking to ensure mining companies can use established mineral claims to dump waste on neighboring federal lands as they had before a federal appeals court adopted a stricter interpretation of a 150-year-old law.

Environmentalists widely praised the 9th U.S. Circuit Court of Appeals’ more restrictive ruling, which blocked the Rosemont copper mine in southern Arizona last year because the company hadn’t proven it had mineral rights on the adjacent land where the waste rock was to be buried.

The ramifications of the ruling are worrisome, however, for President Joe Biden’s clean energy agenda and for key projects to mine lithium, cobalt and other materials needed to manufacture batteries for electric vehicles.

In response, Nevada U.S. Sen. Catherine Cortez Masto drafted a bill she intends to introduce Tuesday with Republican Sen. James Risch of Idaho, her office told The Associated Press on Monday. The bill would amend a 1993 budget reconciliation act but primarily clarifies definitions of activities and rights central to the 1872 Mining Law.

The language is intended to insulate mines from the more onerous and likely most expensive standards imposed on the industry by the 9th Circuit ruling, which was a significant departure from long-established mining practices that environmentalists have fought for decades.

Two U.S. judges in Nevada have since enforced it — one in a complicated way that nevertheless allowed construction to begin at what would be the largest lithium mine in the nation near the Oregon line.

Without congressional action, Cortez and other senators say critical mineral projects across the West are threatened, including those needed to expedite the transition from fossil fuels to renewable energy and to bolster national defense.

“This misguided decision would force all mining activities, even the storage of waste, to happen on mineral-rich land, which could impede critical mineral production all across the country,” Cortez Masto said in a statement emailed to AP.

Nevada is the biggest gold-producing state and home to some of the nation’s largest lithium deposits.

Republican Sen. Mike Crapo of Idaho and Sinema, an independent, have signed on to the bill as co-sponsors.

The measure is sure to meet staunch opposition from conservationists who consider the Rosemont ruling and its ripple effects one of their biggest victories in years.

While they generally embrace Biden’s efforts to speed the transition to renewables, they continue to challenge even so-called green energy projects with lawsuits accusing the government of violating laws protecting endangered species, water resources and cultural and historical sites.

The Rosemont ruling upended the government’s long-held position that the 1872 Mining Law — the nation’s premier regulation of mining since the Civil War — conveys the same rights established through a valid mining claim to adjacent land for the disposal of tailings and other waste.

The 9th Circuit held that instead, the company must establish — and the government must validate — that valuable minerals are present under such lands for a claim to exist.

Based largely on that ruling, U.S. District Judge Miranda Du in Reno ruled in February that the Bureau of Land Management had violated the law when it approved Lithium Americas’ plans for the Thacker Pass mine near the Nevada-Oregon line. But she allowed construction to begin last month while the bureau works to bring the project into compliance with federal law.

The 9th Circuit has scheduled oral arguments June 26 on environmentalists’ appeal of Du’s refusal to halt the mine even though she found it was approved illegally.

Last month, U.S. Judge Larry Hicks in Reno also adopted the Rosemont standard in his ruling that nullified Bureau of Land Management approval of a Nevada molybdenum mine and prohibited any construction.

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

Industry leaders said Cortez Masto’s legislation is necessary to restore a regulatory landscape in place for more than a century and expedite mining of materials critical to expanding sources of renewable energy.

“Regulatory certainty, or the lack thereof, will either underpin or undermine efforts to meet the extraordinary mineral demand now at our doorstep,” said Rich Nolan, president and CEO of the National Mining Association.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

Jesus Castillo-Ordonez mugshot...

KTAR.com

Man accused in west Phoenix murder; allegedly linked to November armed robbery

A man was arrested in connection to a murder and armed robbery in west Phoenix, authorities said.

32 minutes ago

The holidays are here and with that can come a certain level of stress. A Valley health expert has ...

Balin Overstolz McNair

Valley health expert gives tips on reducing holiday stress

The holidays are here and with that can come a certain level of stress. A Valley health expert has tips to take pressure off yourself and loved ones.

2 hours ago

Michael Crow...

Damon Allred

Arizona State University president Michael Crow ‘optimistic’ about COVID recovery

With Arizona's education still suffering from learning loss, ASU president Michael Crow says they "are moving in (the right) direction."

2 hours ago

The 10-story building in downtown Phoenix that houses the Arizona Republic and KPNX-TV has changed ...

Audrey Jensen/Phoenix Business Journal

Accounting firm buys Arizona Republic office building in downtown Phoenix

Phoenix-based ViaWest Group has sold the downtown Phoenix office tower that houses The Arizona Republic and KPNX-TV 12News.

2 hours ago

Cactus Park Precinct...

KTAR.com

Weekend wrap-up: Here are the biggest Arizona stories from Dec. 8-10

Here are some of the biggest stories that headlined the Arizona news cycle over the weekend from Dec. 8-10.

11 hours ago

Members of the U.S. Border Patrol and U.S. Customs and Border Protection organize a group of migran...

Associated Press

Smugglers are bringing migrants to a remote Arizona border crossing, overwhelming US agents

With migrants crossing daily, the U.S. shut down the nearby crossing near Lukeville to free up officers to help with transportation.

13 hours ago

Sponsored Articles

Follow @iamdamonallred...

Avoid a potential emergency and get your home’s heating and furnace safety checked

With the weather getting colder throughout the Valley, the best time to make sure your heating is all up to date is now. 

...

Desert Institute for Spine Care

Desert Institute for Spine Care (DISC) wants to help Valley residents address back, neck issues through awake spine surgery

As the weather begins to change, those with back issues can no longer rely on the dry heat to aid their backs. That's where DISC comes in.

...

Midwestern University

Midwestern University: innovating Arizona health care education

Midwestern University’s Glendale Campus near Loop 101 and 59th Avenue is an established leader in health care education and one of Arizona’s largest and most valuable health care resources.

Planned U.S. Senate bill would counteract southern Arizona Mining Law ruling