This area of our homepage is devoted to Current and Possibly Future Threats against mining at the Local, State and Federal Levels; look here for up-to-the-minute reporting on new Anti-Mining Legislation, Proposed Regulations, Permits, and Litigation.

OREGON SENATE OUT OF CONTROL

APRIL 6, 2013, UPDATE:  The mining community has responded with hundreds if not thousands of letters, phone calls and emails expressing opposition to the many anti mining bills proposed this year.  So many in fact that our sources in the legislature have told us that most of the bills will never get out of committee (although we still need to keep the pressure on, please keep writing and calling, as we are not safe until the legislative session ends!).

HEARING SCHEDULED:  SB 401 & 838 are scheduled for hearing in the Senate Environment and Natural Resources Committee April 15 hearing starts "3PM in room HR C" (see below for info on SB 401).

Now that these two bills have been assigned a hearing date of April 15th, we need to also send our e-mails to Beth Reily.  She is the committee administrator and she will be assembling comments for the attention of the whole committee.  You can still send your comments to the individual members of the committee, but Beth is in charge of making sure all of the committee members see the information that they will use to make their decision. SEND YOUR COMMENTS TO:

A quick way to see if any amendments have been added to SB401 or SB 838 before the hearing date is to click on the link below and go to April 15th.
Senate Environment & Natural Resources Committee

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One bill in particular, SB 115, looks doomed to fail.  However, just last week we learned of a new bill that mirrors SB 115, “SB 838”:

DEC. 2012 – JAN. 2013: At least three new anti-mining bills are currently proposed:
SB 115 (formerly LC 2125) would prohibit most forms of motorized placer mining equipment.
SB 370 would require an annual $125.00 "Commercial Mining Permit" for dredges with intake nozzles larger than 4".
SB 401 would designate most gold bearing streams in SW Oregon as State Scenic Waterways (all placer mining is prohibited)

CLICK HERE FOR CURRENT INFO . . .
Updated 01/20/2013

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OCT. 2012: KS Wild files suit against Rogue River / Siskiyou Natl. Forest as the first test of the June 2012 9th Circuit decision (below) to stop all suction dredge mining in Critical Habitat in Federal District Court, (Medford); Waldo Mining District files to intervene
CLICK HERE FOR CURRENT INFO . . .
Updated 12/26/2012

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JUNE 2012: Karuk Tribe wins appeal in U.S. 9th Circuit overturning earlier 9th Circuit decision in KARUK TRIBE v USFS. Decision requires USFS to go through EPA Consultation before allowing suction dredge mining in areas designated as Critical Habitat for salmon. New 49er's file appeal with U.S. Supreme Court supported by Mt. States Legal and NWMA, and Pacific Legal Foundation and WMD & EOMA.
CLICK HERE FOR CURRENT INFO . . .
Updated 12/26/2012

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FALL 2005: EOMA & WMD file challenges against Oregon Dept. of Environmental Quality's "700PM Instream Mining Permit". Environmentalists (NEDC et.al) also file. EOMA intervenes and challenges NEDC standing. Questionable Settlement between DEQ & NEDC is reached without EOMA participation. The case continues.
CLICK HERE FOR CURRENT INFO . . .
Updated 12/00/2012

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RECENT U.S. 9TH CIRCUIT DECISION RULES
IN FAVOR OF THE KARUK TRIBE

June 1, 2012: Overturning their own earlier decision (July, 2011), the U.S. 9th Circuit Court of Appeals has ruled that before the U.S. Forest Service can allow mining under a Notice of Intent that they must first perform an Environmental Analysis and consult with NOAA & NMF if any threatened or endangered species may be affected.

This recent 9th Circuit decision requires that the USFS go through ESA consultation before deciding NOT to do something (i.e.; deciding not to require a Plan of Operations for mining upon the submission of a Notice). If allowed to stand unchallenged, this decision could delay the time the District Ranger has to respond to a simple Notice of Intent from the 14 days allowed in the FS regulations to months if not years; or worse.

NEW 49ER'S APPEAL TO THE U.S. SUPREME COURT

Taking full advantage of the confusion and as the first "test" of the 9th Circuit's decision; on Oct. 22, 2012, local environmental organizations KS Wild et. al filed suit against the Rogue River / Siskiyou Natl. Forest in the U.S. District Court for the District of Oregon, Medford District, alleging that the Forest Service violated the Endangered Species Act when they allowed suction dredge mining to occur in Critical Habitat without going through ESA consultation.

In their Petition, KS Wild asks the court to enjoin (forbid) the Forest Service from allowing suction dredge mining to occur within areas designated as Critical Habitat for salmon (most streams in SW OR) at least until the Forest Service has consulted. A win for KS Wild could force the Forest Service to attempt to close most of the forest to suction dredge mining.

In an attempt to protect the rights of miners in SW Oregon (and beyond), the Waldo Mining District has retained James Buchal to file a Motion to Intervene in the KS Wild suit.