Of interest to mineral projects, the U.S. Fish and Wildlife Service (USFWS) continues to attempt to revise some of its Endangered Species Act (ESA) implementing regulations to align with the relatively recent decision from the Supreme Court in Weyerhaeuser Co.
Mineral Law
Insight and Information on the Oil, Gas, Pipeline, & Mining Industries
The Mineral Law blog published by Stoel Rives LLP focuses on legal issues related to mineral extraction and development, including regulatory compliance, permitting processes, and legislative developments affecting mining operations. It covers federal and state policies impacting mineral production, such as executive orders aimed at expediting permitting for critical mineral projects and tax legislation relevant to resource industries. The blog also addresses environmental and safety regulations, labor and employment matters within mining contexts, and the intersection of mineral law with energy and infrastructure projects. It provides updates on legal challenges, administrative rulings, and industry trends that influence mineral law practice and resource development strategies.
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Alaska Oil & Gas Conservation Commission Proposes Changes to Bond Regulation
The Alaska Oil and Gas Conservation Commission (“AOGCC”) is considering revisions to 20 AAC 25.025 of the Alaska Administrative Code. One revision would “allow a reduction in the requisite bond amount if an operator demonstrates that it has a bond…
Changes to Alaska’s Mining Laws – Annual Labor
When Alaska amended its mineral tenure statutes, it significantly changed the statement of labor that must be filed annually to maintain state mining claims. We previously provided an overview of the changes and now explain them in more detail. Neither…
U.S. Supreme Court Holds that Natural Gas Pipeline May Cross Under Appalachian Trail
On June 15, 2020, the U.S. Supreme Court held in United States Forest Service v. Cowpasture River Preservation Association that the U.S. Forest Service was authorized to issue a special use permit granting a 0.1-mile right of way under the…
Changes to Alaska’s Mining Laws – Qualification Statutes
Senate Bill 155, amending Alaska’s mineral tenure statutes, took effect April 30, but also addresses certain historical events affecting state mining claims. As previously reported, the amendments clarify who can hold state mining rights. But maybe more importantly, the…
Draft North Slope Area Plan Available for Public Review and Comment
Stoel Rives is actively monitoring developments in the North Slope Area Plan (NSAP). This week, the Public Review Draft of the NSAP was issued for public review and comment. Comments must be received by mail, email, fax, or through the …
Alaska’s Mineral Tenure Statutes Amended
Governor Mike Dunleavy signed Senate Bill (“SB”) 155 amending Alaska’s mineral tenure statutes, effective April 30, 2020. The legislation addresses issues regarding qualification to hold state mining claims, location of claims, statements of annual labor, and automatic abandonment of mining…
Alaska DNR Issues Guidance for Placer Mining Operations During COVID-19
The Department of Natural Resources (“DNR”) Division of Mining, Land and Water has issued guidance for placer mining operations to comply with the state’s COVID-19 health mandates. Mining is identified as “critical infrastructure” in the Alaska Essential Services and Critical…
Alaska Suspends Fees for Easements, Rights-of-Way, and Mining Leases
State of Alaska Governor Mike Dunleavy has issued COVID-19 Disaster Order of Suspension No 2, suspending a long list of statutory and regulatory provisions. The list of suspended statutes includes AS 38.05.850 which authorizes the state to grant easements and…
AOGCC Implements Electronic Permitting Procedures in Response to Office Shutdowns Caused by COVID-19
Last month, the Alaska Oil and Gas Conservation Commission (AOGCC) announced that it would be implementing electronic permitting procedures in response to office shutdowns caused by COVID-19. The electronic process will also serve as the initial step in developing a…