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88 FR 85838

OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.

Extracting Environmental Harm From Deep Seabed Mining

The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.

88 FR 47562

BLM proposed to revise its oil and gas leasing regulations to reflect provisions of the Inflation Reduction Act pertaining to royalty rates, rentals, and minimum bids; update the bonding requirements for leasing, development, and production; improve its leasing process to ensure proper stewardship of public lands and resources; and modify operating requirements.

88 FR 37266

BLM withdrew approximately 336,404.42 acres of public lands surrounding Chaco Culture National Historical Park from location and entry under U.S. mining laws and from leasing under mineral leasing laws, but not mineral materials laws, subject to valid existing rights, to protect these public lands and the greater connected landscape with a rich Puebloan, Tribal Nation, and cultural legacy in San Juan, Sandoval, and McKinley counties, New Mexico, for a period of 20 years.

87 FR 4498

OSM approved an amendment to Missouri's coal mining regulations that reduced the volume of the regulations without reducing the program's requirements under SMCRA.

87 FR 1372

OSM announced the receipt of and seeks comment on a proposed amendment to the Montana regulatory program pertaining to ownership and control under SMCRA.

Mining Our Future Critical Minerals: Does Darkness Await Us?

We are told the transition to a zero-carbon economy will depend upon the United States’ ability to assure a sufficient supply of rare earths and minerals such as cobalt, nickel, or lithium. The Biden Administration is intent on promoting some new form of a critical mineral policy, and calls for reforming the 1872 Mining Law have persisted for well over one hundred years. This Article is designed to provoke a meaningful conversation about a critical minerals policy informed by our past.