HCCA disappointed in decision
A national lawsuit and the Obama administration’s reaction to it could have a big ramification locally.
A decision last week by the Obama administration to defend a Bush-era mining policy could have a huge impact on the area around Crested Butte. The Obama Justice Department will defend the policy that essentially allows unlimited dumping of hard rock mining waste on public land.
A lawsuit had been filed in federal court last October challenging the Bush decisions. High Country Citizens’ Alliance (HCCA) was part of the national coalition that filed the suit. The U.S. answered the complaint by saying they will defend the issue.
“We were hopeful they would take a different look when they had the chance,” said HCCA executive director Dan Morse. “Secretary of the Interior Ken Salazar has repeatedly indicated this administration wants to reform the mining act of 1872. But this is a defense of the regulations as they exist. So now it will be in the hands of the court and they’ll begin a review of the lawsuit. It is very disappointing.”
Morse said from his perspective, mining companies shouldn’t be able to make an unlimited amount of mining claims on public lands. “And there should be a reasonable payment to the government,” he added. “For unpatented claims, it costs just $125 a year to maintain a 20-acre claim.”
HCCA is watching the 8,946 acres of unpatented claims on public lands near Crested Butte controlled by U.S. Energy, the primary company holding the rights for a molybdenum mine on Mt. Emmons just north of town.
“The Obama administration’s unfortunate decision to defend the Bush-era mining regulations means that Crested Butte and other communities across the west would continue to face severe threats from mines and mine pollution,” said Morse.
“The ruling by the Obama administration impacts our area significantly,” Morse continued. “We also want the government to check and make sure there are valuable minerals beneath the claims. Even the 1872 mining law was meant to ensure some public benefit before allowing impacts to public lands.”
Morse said the molybdenum mine near Crested Butte would definitely be affected by this decision. “This national lawsuit has a strong local connection because most of the 9,000 acres of claims around Mt. Emmons are so egregious,” he said.
Other parties in the lawsuit include Earthworks, the Great Basin Resource Watch, Save the Scenic Santa Ritas, and the Western Shoshone Defense Project. The defendants are the U.S. Department of Interior—the agency that issued the regulations—as well as the Agriculture Department, which along with Interior oversees mining operations on western public lands.