Planned Senate bill would counteract Mining Law ruling

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Planned Senate bill would counteract Mining Law ruling
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Sen. Kyrsten Sinema is one of a number of bi-partisan senators signing on to the legislation that would side-step last year's 9th Circuit ruling on Southern Arizona's proposed Rosemont Mine.

A Nevada Democratic U.S. senator is looking to Congress to ensure mining companies can use established mineral claims to dump waste on neighboring federal lands as they always had before a federal appeals court adopted a stricter interpretation of a 150-year-old law.

In response, Nevada U.S. Sen. Catherine Cortez Masto drafted a bill she intends to introduce Tuesday with Republican Sen. James Risch of Idaho, her office told The Associated Press on Monday. The bill would amend a 1993 budget reconciliation act but primarily clarifies definitions of activities and rights central to the 1872 Mining Law.

Without congressional action, Cortez and other senators say critical mineral projects across the West are threatened, including those needed to expedite the transition from fossil fuels to renewable energy and to bolster national defense. Republican Sen. Mike Crapo of Idaho and Sen. Kyrsten Sinema of Arizona, an independent, have signed on to the bill as co-sponsors.

The Rosemont ruling upended the government’s long-held position that the 1872 Mining Law — the nation’s premier regulation of mining since the Civil War — conveys the same rights established through a valid mining claim to adjacent land for the disposal of tailings and other waste.

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