In a victory for the mining industry, the U.S. District Court for the District of Columbia issued a long-awaited decision in a case brought forth by several environmental groups, including Earthworks, against the U.S. Department of Interior (DOI) that challenged two mining-related rules issued by the U.S. Bureau of Land Management. According to the National Mining Association (NMA), which intervened on behalf of the DOI, the court’s decision to deny the plaintiffs’ motion reaffirms important rights of miners to explore and operate on federal lands pursuant to the Mining Law. The court upheld the DOI regulations as consistent with past practice and reasonable interpretations of the Mining Law.
The plaintiffs, including Earthworks, High Country Citizens’ Alliance, Great Basin Resource Watch, Save the Scenic Santa Ritas, and the Western Shoshone Defense Project, sought to invalidate regulations from 2003 and 2008. They alleged that the rules were not promulgated in compliance with various statutory authorities, including the General Mining Law of 1872 (The Mining Law), the Federal Land Policy and Management Act of 1976 (FLPMA), and the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA).
In the complaint, the plaintiffs alleged four claims: the 2008 Mining Claim Rule and related policies violate the Mining Law and the FLPMA by improperly restricting the application of the FLMPA’s fair market valuation mandate; the 2003 Mill Site Rule and related policies violate the Mining Law by allowing excessive mill site acreage; the 2003 Rule and the 2008 Rule violate NEPA by not adequately providing for review and public comment; and the 2003 Mill Site Rule violates the notice-and-comment requirements of the APA by departing radically from the 1999 Proposed Rule.
The NMA said a ruling in favor of the plaintiffs would have eroded necessary business certainty, upending the claim approval process and preventing access to lands needed for the support facilities necessary to operate a mine.
“The certainty provided by this decision comes at a critically important time for our country,” NMA President and CEO Rich Nolan said. “The pandemic has exposed the dangers of our increasingly import-dependent supply chain — dependence that has doubled over the past two decades even though we have significant mineral deposits within our borders. This ruling is an important signal to those seeking to further obstruct responsible domestic mining projects.”
