News & Analysis as of

Mining National Environmental Policy Act

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Snell & Wilmer

Mining Permitting Just Got an Upgrade: Understanding BLM’s New Approach

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The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands....more

Holland & Knight LLP

Executive Order: Unleashing American Energy

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Date Issued: Jan. 20, 2025 This executive order puts forth a federal energy policy agenda that seeks to establish American energy dominance through a combination of new policy actions, as well as rescinding several...more

Snell & Wilmer

BLM Announces Actions to Improve Mine Permitting

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The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands. With the launch of the new “pre-plan coordination”...more

Womble Bond Dickinson

Breaking Down the Good Samaritan Act: What It Means for Hardrock Mine Remediation

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In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more

Womble Bond Dickinson

Permitting Reform in the Trump Administration

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Earlier this year, Womble Bond Dickinson published a seven-part series discussing how delays in permitting for mining project could affect the ability to provide the minerals necessary to accomplish the energy transition....more

Snell & Wilmer

Mining Milestones: D.C. Circuit Upholds Key Mill Site Flexibility – What’s Next?

Snell & Wilmer on

A recent decision by the U.S. Court of Appeals for the D.C. Circuit in Earthworks v. U.S. Department of the Interior has important implications for mining companies operating on public lands. This ruling upholds the Bureau of...more

Dorsey & Whitney LLP

D.C. Circuit Court Upholds Mill Site Claim Rule Critical to Mining Projects in the United States

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Earlier this summer, the District of Columbia Court of Appeals issued a decision affirming the lower court’s decision that the Mining Law of 1872 does not impose a limit on the number of mill sites that a mining claimant may...more

Holland & Knight LLP

Energy Chairman Manchin's Permitting Bill Moves Through Committee in Careful Balancing Act

Holland & Knight LLP on

After two years of continuous behind-the-scenes work, Sen. Joe Manchin (I-W.Va), who chairs the U.S. Senate Committee on Energy and Natural Resources, joined by Sen. John Barrasso (R-Wyo.), released S. 4753, the Energy...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Womble Bond Dickinson

Striking the Balance: Permitting Reforms for Mining & the Energy Transition

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In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining/National Environmental Policy Act: Federal Appellate Court Addresses U.S. Forest Services Use of Categorical Exclusions

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in a May 21st Opinion whether the United States Forest Service (“Service”) violated the National Environmental Policy Act (“NEPA”). See Friends...more

Womble Bond Dickinson

Tribal Consultation and Permitting Reform

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As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more

Womble Bond Dickinson

The Impact of the National Environmental Policy Act (NEPA)

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In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they...more

Womble Bond Dickinson

Permitting Reform in the United States

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This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Womble Bond Dickinson

The Case for Permitting Reform

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This is the first article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more

Dorsey & Whitney LLP

Interagency Working Group on Mining Laws, Regulations, and Permitting Release Final Report on Proposed U.S. Mining Reforms on...

Dorsey & Whitney LLP on

In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more

Foley Hoag LLP - Environmental Law

Does Environmental Review of Projects Needed for a Net-Zero Economy Lead to a Death By a Thousand Cuts?

Earlier this week, the decision in Bartell Ranch v. McCullough generally supported the Bureau of Land Management’s review under NEPA and related statutes of a lithium mine near Thacker Pass, Nevada. If approved, Thacker Pass...more

Foley Hoag LLP - Environmental Law

NEPA Is Indeed Posing a Really Big Obstacle to Coal Mining On Public Lands

On Friday, I posted about a decision invalidating BLM Resource Manage Plans for failure to comply with NEPA.  My caption was “NEPA Is Still Going to Pose an Obstacle to Leasing Public Lands for Fossil Fuel Extraction.”...more

Goldberg Segalla

Ranchers, Environmentalists, and Indigenous Communities Lock Arms Against Homegrown Lithium

Goldberg Segalla on

Thanks to the streaming mega hit Yellowstone, and perhaps Kim and Kayne’s brief stint in Wyoming, the West is no longer reserved for John Wayne wanna-bes and would-be snowboarders or adventurers looking to escape metropolis....more

Harris Beach Murtha PLLC

The Challenges of Finding Land for Renewable Energy Projects in New York

New York State has positioned itself to claim the mantle of climate leadership on a global scale. But companies are struggling to get projects approved in a regulatory system that is slowed by constrained resources and...more

Snell & Wilmer

Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

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The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife...more

Foley Hoag LLP - Environmental Law

The Office of Surface Mining Loses Another NEPA Case — Do I Detect a Trend?

Last week, a federal judge once more rejected the Environmental Assessment for the expansion of the Spring Creek Mine in Montana. The case does not really break any new ground, but it does add to the growing number of cases...more

Schwabe, Williamson & Wyatt PC

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Foley Hoag LLP - Environmental Law

The Social Cost of Carbon: Not Too Speculative for NEPA

Earlier this week, the Judge Donald Malloy of the District Court for the District of Montana granted summary judgment to the Montana Environmental Information Center on several of its claims alleging that the Office of...more

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