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04/14/23 1:34 AM

#5622 RE: tononclegeorges #5620

Thanks for posting tononclegeorges, Interesting.

Judge affirms stricter interpretation of federal mining law
Another judge has adopted a U.S. appellate court’s stricter interpretation of a century-and-a-half-old mining law in a new ruling that blocks a metals mine in Nevada


BySCOTT SONNER Associated Press
April 12, 2023

The record contains no evidence of molybdenite on surrounding lands, he said, and “BLM admits that it made no attempt to determine whether EML’s mining claims are valid."

Environmentalists say Hicks' ruling bodes well for their Thacker Pass appeal.

“It's very significant," said Roger Flynn, a longtime attorney for the Colorado-based Western Action Mining Project representing the Great Basin Resource Watch and others in lawsuits challenging both the molybdenum and lithium mines.

“All three rulings now say you can't bury waste there unless you find valuable minerals," he said. “The Rosemont issue would apply to basically every big mine in the West."

Flynn anticipates the next related court case could involve a mine planned in Idaho, the Stibnite Gold Project, which is undergoing Forest Service review and isn't yet ripe for a legal challenge.



Lithium Americas and other industry leaders insist conservationists are exaggerating the potential reach of the 9th Circuit ruling.

"The Mt. Hope case did not impact Thacker Pass,” Lithium Americas spokesman Tim Crowley said.

“The Thacker Pass and Mt. Hope cases addressed different facts, different legal arguments and had different outcomes," he wrote in an email Tuesday to The Associated Press. “The judge in our case thoroughly considered the specific Thacker Pass details in rendering her decision, and the project is now in construction and moving forward. "

Mark Compton, executive director of the American Exploration & Mining Association, agreed.

“I don’t believe a straight line comparison can be made between the court decisions on Mt. Hope, Thacker Pass, and Rosemont," Compton said in an email. “The facts are unique to each case.”



https://abcnews.go.com/US/wireStory/judge-affirms-stricter-interpretation-federal-mining-law-98539699
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