The Biden administration says it has completed a court-ordered review that should ensure construction continues at a Nevada lithium mine, despite legal challenges brought by conservationists and tribal leaders
that more strictly interpret a Civil War-era mining law, the Interior Department announced Tuesday it is taking steps to clarify mineral rights under the 1872 law to reflect the"realities of the 21st century."
The 9th Circuit's so-called “Rosemont decision” upended the government’s long-held position that the 1872 Mining Law conveys the same rights established through a valid mining claim to adjacent land for the disposal of tailings and other waste. The 9th Circuit held instead that the company must establish — and the government must validate — that valuable minerals are present under such lands for a claim to exist.in a ruling in February that found the U.S.
Lithium Americas CEO Jonathan Evans said in a statement after Tuesday's announcement they are “pleased the administration has established a path forward that allows us to resolve the outstanding matters related to the approval of our Thacker Pass project." The new opinion “will support the timely review of mining proposals on federal lands and is one step of many" Interior is taking to “update guidance for mining companies to reflect the realities of the 21st century,” Deputy Interior Secretary Tommy Beaudreau said in a statement.
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