Call to Action: Mining Regulatory Clarity Act
An aerial view of the CuMo mine exploration area, which threatens the headwaters of the Boise River. Photo credit: IRU staff via EcoFlight
On Tuesday, April 25th, Senators Catherine Cortez-Masto (D-Nev.) and Jim Risch (R-Idaho) announced the Mining Regulatory Clarity Act. This proposed legislation attempts to weaken the already problematic and outdated Mining Law of 1872 by lowering the bar for mining companies' disposal of and storage of mine waste on public lands.
By targeting the recent Rosemont Decision, this act aims to provide a workaround to the precedent that the 9th circuit court recently set. In the Rosemont case, the courts ruled that mining companies do not have an inherent right under the mining law to permanently block access to public lands in the form of tailings and waste disposals. Instead, the mining claims must be validated and not automatically assumed. Under this bill, a claimant would no longer need to actually prove that their claims possess any valuable minerals and could proceed with a simple fee and some paperwork.
This act is misguided given all the incredible deficiencies that are upheld by the over 150 year-old legislation that guides mining laws in much of the country. If passed, this act would further enshrine the mining industry’s legacy of pollution, lead to the degradation of thousands of acres of pristine public lands, and serve as further injustice to frontline communities and Indigenous people who typically bear the brunt of mining’s toxic footprint.
It is no secret that the Mining Law of 1872 is in desperate need of reform and we applaud the Biden Administration for taking on this very issue this summer with the launch of the Interagency Working Group on Mining Reform. But to do so without any discussion of addressing the deficiencies and only with yet another concession to the mining industry is simply irresponsible.
Now more than ever is the time for meaningful bipartisan legislation that takes a hard look at the archaic mining law in order to bring it up to speed with other industries that operate on public lands, not provide another handout to one of our country's most destructive industries. We cannot keep ignoring the environmental consequences that are caused by reckless mining practices. Take action now by following this link to urge your representatives to not allow this act to pass.
