A client alert issued today by Husch Blackwell’s environmental practice group details a major reversal of Obama-era policy by the Trump Administration.  The EPA announced it will not issue final regulations under CERCLA Section 108(b) imposing financial responsibility requirements on the hardrock mining industry. Abandoning a December 1, 2016 proposed rule, the EPA emphasized that after carefully evaluating public comments, statutory authority, and the extensive record it had concluded that the minimal environmental risk involved in modern mining practices combined with existing state and federal financial assurance requirements made the proposed rule unnecessary and unduly burdensome.  Read the entire client alert here.

Last week, Wisconsin state legislators introduced a proposal to repeal the so-called “moratorium” on the mining of sulfide ore bodies (i.e., mineral deposits in which nonferrous metals are mixed with sulfide minerals) in Wisconsin. The state law in question was enacted in 1998 over concerns that sulfide minerals exposed during mining activities can react with air and water to form acid drainage which can pollute groundwater and harm lake and stream life.

The moratorium is actually a requirement that prohibits Continue Reading Wisconsin Legislators Propose to Repeal State Metallic Mining “Moratorium”

Horn_Robert sachs_adam2016In the name of job creation, the Trump Administration is attempting to single-handedly bring back the coal industry via executive action.  But while the president may be scoring political points in coal country, as a practical matter that’s really not where energy sector job growth will come from in the next few years.

Nevertheless, the past several months have seen a resurgence of the long dormant coal industry.  Hampered by a number of factors Continue Reading Around the Horn: Trump’s Support for Coal and the Future of Renewables

gravel pit with an industrial gravel sorter machinery with beautiful sunburst color effectThe United States Environmental Protection Agency (U.S. EPA) issued a proposed rule on December 1, 2016 requiring hardrock mines to provide financial assurance demonstrating they are able to fund the costs associated with the future cleanup of the mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal statute designed to address releases of hazardous substances and the cleanup of hazardous waste sites nationwide. The new regulations, if finalized by the stated deadline of December 1, 2017, would add an additional
Continue Reading New Financial Responsibility Requirements on the Horizon for the Hardrock Mining Industry