From Center for Western Priorities <[email protected]>
Subject Look West: Judge affirms stricter interpretation of federal mining law
Date April 14, 2023 1:57 PM
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Look West: Public lands and energy news from the Center for Western Priorities


** Judge affirms stricter interpretation of federal mining law
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Friday, April 14, 2023
Lithium mine in Nevada, Wikimedia Commons ([link removed])

An Arizona judge ruled in favor of a stricter interpretation of mining law that could have consequences for future mining projects. U.S. District Judge Larry Hicks ruled ([link removed]) that mining claims don't convey the right to dump tailings and other waste on adjacent land.

Hicks cited a previous ruling ([link removed]) in an Arizona case that reversed a long-held position that the 1872 Mining Law does convey dumping rights alongside a mining claim. That ruling blocked the construction of a copper mine based on the conclusion that it did not have rights to dump waste where it had planned to on adjacent national forest land. The ruling also established a precedent that the mining company and government need to confirm that valuable minerals are present on the surrounding lands in order to gain the right to dump there. This prevents mining operations from permanently occupying public lands that don't have any mining potential.

The new ruling reverses the Bureau of Land Management’s approval of a molybdenum mine in central Nevada based on the lack of evidence of molybdenum on the surrounding land. The case could potentially have implications for the Thacker Pass lithium mine ([link removed]) and the Stibnite Gold Project in Idaho, which is currently under review by the U.S. Forest Service.
Quick hits


** Judge affirms stricter interpretation of federal mining law
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Associated Press ([link removed])


** A new rule could change the way the BLM manages public land in the West
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Field & Stream ([link removed])


** Great Salt Lake is up over 3 feet—but it has a long way to go to healthy
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Salt Lake Tribune ([link removed])


** Opinion: This is how fast humans have changed the ecosystem
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Bloomberg ([link removed])


** Coalition launches push to save 3.3 million acres of Colorado private property from development
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Denver Post ([link removed])


** Montana BLM seeks public input on management of lower Blackfoot River watershed
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Missoulian ([link removed]) | Missoula Current ([link removed])


** A ‘seismic shift’ for public lands?
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High Country News ([link removed])


** Scientists challenge qualifications of U.S. Fish and Wildlife director, call for removal
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Associated Press ([link removed]) | KNAU ([link removed])
Quote of the day
” We can't see the roots underground. We don't know what all those connections mean. However, those hidden things are really important in terms of understanding how communities work.”
—Paul Rogers ([link removed]) , biologist at Utah State University on Pando aspen grove's decline
Picture this


** @USFWS ([link removed])
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Spring BRAKE for wildlife. Critters are on the move in the spring as they migrate, feed, look for mates, or forage with their young. As you travel through areas known for wildlife, use caution and drive slowly for our feathered, furry, and cold-blooded friends. Photo of a bobcat courtesy of Tyler Reber.

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