A look at the bills to amend #Maine mineral mining laws in this year’s Legislature

By Kate Cough
February 12, 2023

"All the way back in the fall of 2021, I called a geologist to ask what he thought about plans by the Canadian junior mining company, Wolfden, to dig for zinc and copper up near Patten, just east of the Katahdin Woods and Waters National Monument.

We talked about the proposal for awhile, and just before we hung up, I asked the question I ask at the end of every interview, one that almost always elicits an unexpected answer and is often the very best way to find new stories: What didn’t we talk about that you want me to know? In this case it definitely didn’t disappoint: after pausing for a moment, the geologist said well, there’s something interesting going on over in #WesternMaine…

"And thus began my (armchair) adventure into the world of lithium deposits, from the salt flats of South America to the hard-rock mines of western Australia, and, of course, into what is thought to be the world’s richest hard-rock deposit, in the sleepy town of Newry, near the New Hampshire border. A year-and-a-half later the story continues, now with a new player: lawmakers, who have introduced (at last count) ten bills aimed at altering Maine’s mining regulations.

"The bills (I was only able to review the full text of one, as most are still in the Revisor’s office) run the gamut. One, #LR1624, sponsored by Rep. Maggie O’Neil of #Saco, proposes a moratorium on lithium mining, while others (LR 1304, An Act to Promote Sustainable Lithium Mining in Maine, sponsored by Rep. Mike Soboleski of Phillips) are more full-throated in their support of the activity. (It’s worth noting that moratoriums are temporary holds on an activity designed to give regulators time to put in place rules, not permanent bans, as is often thought.)

"Here’s the full list:

- LR 1624, Rep. Maggie O’Neil of Saco: An Act to Ensure a Strategic Approach to Maine’s Energy System by Imposing a Moratorium on #LithiumMining

- #LR420, Rep. Scott Landry of Farmington: An Act to Support Extraction of Common Rock-forming and Rare Earth Minerals

- #LR1121, Rep. Lydia Crafts of Newcastle: An Act to Establish a Commission to Study Mining Materials

- #LR1732, Rep. Nina Milliken of Blue Hill: An Act to Eliminate #Mining Without a Permit

- #LR1304, Rep. Mike Soboleski of Phillips: An Act to Promote Sustainable Lithium Mining in Maine

- #LR2272, Sen. Richard Bennett of Oxford: An Act Regarding #MetallicMineralMining

- #LR2138, Sen. Craig Hickman of Kennebec: An Act to Protect the People from #OpenPit Quarry Mining

- #LR930, Sen. Lisa Keim of Oxford: An Act Concerning Lithium Deposits

"The reason we’re seeing all of these bills, of course, is that Maine’s 2017 mining law prohibits mining for 'metallic minerals' in open pits larger than three acres. The deposit in Newry is already partially exposed, and numerous experts have said that open pit mining (as opposed to an underground shaft) is the only logical way to remove the rocks, which, they also point out, do not pose the same #environmental risks as other types of metal deposits. But all mining poses some risks, and not everyone is on board with the idea of digging #GiantHoles in the earth, even if the end product is an essential part of the transition away from fossil fuels.

"State regulators have acknowledged the risks involved in mining this deposit are different but say their hands are tied: because 'metallic mineral' does not have a commonly-agreed upon meaning in the scientific community, and because legislators did not specifically exclude lithium from the 2017 rules, the Newry deposit should be considered a metallic mineral. (Meanwhile, the Freemans, the gem-hunters who own the land and identified the deposit, are challenging the DEP’s decision in court.)

"Of the lawmakers I spoke to, all expressed a desire to support federal efforts to boost domestic production of critical minerals while ensuring the spirit and integrity of Maine’s 2017 mining law remains intact. (In case you were wondering whether the feds are serious, look no further than a $700 million government loan to a #NevadaLithiumMine announced earlier this week.)"

https://themainemonitor.org/maine-lawmakers-look-to-amend-lithium-mining-laws/

Mention of @centerforbiodiv ! Follow them here on Mastodon!

Lawmakers need statewide #lithium plan, says #conservation group

By: Jennifer Sollis, Nevada Current
February 20, 2024

"There are more than 80 lithium projects proposed on #Nevada’s public lands as the nation races to power the #GreenEnergy transition. Now conservation groups are looking to state lawmakers to establish a rule-making process that would help reduce the establishment of mines in areas of greatest conflict.

"Despite a growing interest in lithium mining, Nevada has not developed a state-level plan for where lithium production should – and should not – be permitted to avoid impacts on local communities and resources.

"The United States produces less than 1% of global lithium production, all from a single facility, Albemarle Corp.’s Silver Peak mine in Esmeralda County, according to the United States Geological Survey. But that may soon change, making a statewide plan necessary, say conservation groups.

"#Mining on public lands requires federal approval. However, state approval is also required for various permits needed to advance mining operations. States — including Nevada — generally regulate waste management, #groundwater use and impacts, reclamation, surface water use, and air quality operating permits.

"Conservation groups argue that those permit requirements give Nevada an opportunity to help shape the future of lithium development in the state.

"Earlier this month, the #CenterForBiologicalDiversity submitted a letter to the Joint Interim Standing Committee on Natural Resources, asking the committee to put forward a bill establishing a rule-making process that would help reduce the establishment of mines in areas of greatest conflict.

"The letter also includes a request that the bill include funding for a study by the #DesertResearchInstitute and state agencies to evaluate lithium resources in the state and determine which can be extracted with the least impact on communities and the environment.

"Lack of data around natural resources isn’t just an issue in Nevada, but nationwide.

"According to the Association of American State Geologists, the United States lacks an effective process for gathering, organizing, compiling, or publicly sharing geologic data that would help in the identification of valuable mineral deposits.

"Data collection on natural resources — like the one suggested by the Center for Biological Diversity — could improve the identification and development of critical minerals, while also identifying and avoiding sensitive resources that may be adversely affected by exploration or mining, according to a recent report on how to improve mining on public lands by the Department of the Interior.

"State Sen. Julie Pazina, the chairperson of the legislature’s Joint Interim Standing Committee on Natural Resources, said the committee has yet to make any determinations for what bill draft requests they’ll make for the next Legislative session in 2025.

"'Over the next year, we will discuss and vet policy with the goal of protecting Nevada’s air, water and land for generations to come,' Pazina said.

"In Nevada, the clean energy transition has been marred by conflict with numerous projects in high conflict areas attracting litigation and public outcry.

"Earlier this year, federal land managers pulled their approval for a controversial lithium exploration project less than a mile from a treasured #wetland habitat after getting hit with a lawsuit and fierce opposition.

"Other mining projects in the state have faced backlash and delays, due to their proximity to #cultural and #ecologically sensitive areas. In one case, a small wildflower has been a source of conflict between conservationists and an #Australian mining company, seeking to build an #OpenPit lithium mine on the plant’s only known habitat.

"Last year, Washoe County commissioners withdrew a permit for a #geothermal exploration project near #Gerlach, after locals voiced fears the project could negatively impact the town’s #water supply, the structural integrity of their homes, and nearby natural hot springs.

"Permitting roadblocks, like the ones in Nevada, have been a major source of frustration for the #Biden administration.

"The potential for conflict in the state due to lithium mining is only growing. About half of the projects currently proposed in Nevada are in Esmeralda and Nye County, surrounding the town of Tonopah, a sizable population center.

"'We support domestic lithium extraction as well, if it is done in the right places and with the right techniques. We oppose business-as-usual mining, dewatering of open pits, pit lakes, excessive water consumption, #extinction of species or severe #degradation of #habitat, and regulatory shortcuts to permit bad mines faster,' wrote Patrick Donnelly, the Great Basin Director for the Center for Biological Diversity, in the letter."

https://thisisreno.com/2024/02/lawmakers-need-statewide-lithium-plan-says-conservation-group/

Boo hiss! Judge Du did give the tribes another month to amend their complaint.

Judge again rules against #tribes’ effort to stop #lithium mine

By: Jeniffer Solis - November 21, 2023

"A Nevada federal judge ruled against three #NativeAmerican tribes seeking to halt construction of the country’s largest #openpit lithium mine, but will allow them to amend their complaint against the U.S. government.

"In the meantime, construction at #LithiumNevada’s mine near the #Nevada - #Oregon border will continue. Major construction on the lithium mine is scheduled to start in 2024, while production is expected to begin in late 2026, say Lithium Nevada officials.

"In the order, filed earlier this month, U.S. District Judge #MirandaDu dismissed the tribe’s claim that the mine’s approval violates federal preservation law and land policy.

"#Du ruled the three Native American tribes’ failed to prove that the #BureauOfLandManagement did not adequately consult with them, as required by the National Historic Preservation Act, which gives tribes the right to consultation when a project affects areas of #religious or #cultural significance.

"However, the judge gave the tribes a month to amend their complaint, which claims construction of the lithium mine in #ThackerPass near the sacred site of a 1865 massacre violates #FederalLaw.

"The three litigating tribes — #SummitLake #Paiute Tribe, #RenoSparks Indian Colony, and #BurnsPaiute Tribe — refer to Thacker Pass as “Peehee mu’huh” which translates to 'rotten moon' in honor of their ancestors who were massacred by the U.S. Cavalry in 1865 in an area of the pass shaped like a moon.

"In a ruling in 2021, Judge Du said evidence presented by the tribes that a massacre took place in Thacker Pass 'further highlights the shameful history of the treatment of #NativeAmericans by federal and state governments' but 'does not definitely establish that a massacre occurred' within the proposed project site.

"All three tribes claimed the BLM withheld crucial information from relevant agencies and #misrepresented the extent of the agency’s tribal consultation before approving the lithium mine project.

"The government dismissed those claims by arguing they have satisfied federal law by consulting with relevant tribes prior to approving the mine, and by continuing that consultation with tribes after the mine’s approval.

"Du agreed with the government’s argument and dismissed the tribe’s legal challenge, but left room for the tribes to amend their complaint related to the #NationalHistoricPreservationAct and further explain their claim that the BLM was legally required to complete the consultation process before approving the project. Du also gave the tribes space to amend their claim on how the government might have violated the Federal Land Policy and Management Act.

"Part of the tribe’s lawsuit seeking to block construction of the mine is still pending at the 9th U.S Circuit Court of Appeals, where oral arguments will be heard in February [2024].

"Will Falk, representing the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, said consultation should have been completed before construction began to avoid or mitigate harm to the sacred site.

"Tribal attorney’s on the case are still considering whether to amend the complaint by the Dec. 9 deadline or focus on their pending appeal, said Falk.

"'We are very disappointed that the court is allowing Lithium Nevada to destroy the site of an 1865 massacre of Paiute peoples and a whole Traditional Cultural District before the Bureau of Land Management finished consulting with tribes,' Falk said. 'While #ClimateChange is a very real, existential threat, if government agencies are allowed to rush through permitting processes to fast-track destructing mining projects like the one at Thacker Pass, more of the #NaturalWorld and more Native American culture will be destroyed.'

"The new ruling is the latest in a series of legal setbacks for opponents of the lithium mine. Over the summer, the 9th U.S. Circuit Court of Appeals declined to vacate federal land managers’ approval of a lithium mine, ruling that the U.S. government took a sufficiently 'hard look' at the project’s impacts before approving it.

"Before that, Du also ruled largely in favor of Lithium Nevada and the Bureau of Land Management in a consolidated case involving claims brought by environmental groups, a local rancher, and two Native American tribes.

"'We’ve dedicated more than a decade to community engagement and hard work in order to get this project right, and the courts have again validated the efforts by Lithium Americas and the administrative agencies,' said Tim Crowley, the vice president of government and community relations for Lithium Nevada, in a statement."

https://www.nevadacurrent.com/2023/11/21/judge-again-rules-against-tribes-effort-to-stop-lithium-mine/