Trump moves to loosen mining regulations, approve projects as he exits

Nevada Copper

08/01/2021 11:00

By Ernest Scheyder
    Jan 8 (Reuters) - Outgoing U.S. President Donald Trump's
administration is moving to loosen mining regulations and green
light new mineral projects before leaving office this month,
with successor Joe Biden unable to reverse some of the changes. 
    Administration officials tell Reuters they plan to publish a
raft of decisions on Jan. 15 that will expand miners' access to
federal lands, give final approval to Lithium Americas Corp's
 LAC.TO  Nevada lithium mine and approve a land swap for a Rio
Tinto Ltd  RIO.L   RIO.AX  Arizona copper mining project, among
other steps.
    Biden will be able to reverse some of Trump's changes,
especially proposed rules under regulatory review. But some of
Trump's steps will either be irreversible or require Biden to
restart the rule-making process, a years-long effort, which is a
concern to environmentalists. 
    "The Trump Administration's midnight dance to aggressively
push these proposed rules follows four years of gutting already
weak community and environmental oversight of the hard rock
mining industry," said Lauren Pagel of Earthworks, an
environmental advocacy group.
    Trump administration officials are finalizing a rule change
that would add mining to a list of industries that can receive
fast-tracked permitting, part of a law signed by former
President Barack Obama in 2015, according to government records
https://beta.regulations.gov/document/GSA-GSA-2020-0018-0001.
 
    The law, known as FAST-41, was intended to streamline
permitting for utility projects, such as power transmission
lines. 
    "Congress never intended for FAST-41 to cover the mining
sector," U.S. Representative Raul Grijalva of Arizona, chairman
of the House Natural Resources Committee, wrote to regulators
late last month, attempting to stop the change.
    Officials may also allow the storage of mine waste, known as
tailings, on federal land. The proposed change would essentially
codify an existing practice in an area of law that
environmentalists say is vague.
    The Bureau of Land Management, the federal agency
considering the new rule, did not respond to a request for
comment. 
    Several U.S. lawmakers have called for Trump's immediate
removal after his supporters stormed the U.S. Capitol on
Wednesday. It is not clear if Vice President Mike Pence would
continue Trump's regulatory steps.  urn:newsml:reuters.com:*:nW1N2II00V urn:newsml:reuters.com:*:nL1N2JI0JO
    Trump could exercise his power under the Administrative
Procedure Act, which stipulates how regulations are drafted and
enforced, to finalize both proposals before he leaves office, a
step that would require him to find "good cause" for the
faster-than-normal approval.
    The National Mining Association, an industry trade group,
says it supports streamlining regulation, especially the FAST-41
changes.
    "American mining is key to successfully repairing our
nation's infrastructure," said Rich Nolan, the NMA's president. 
    The Biden transition team said its incoming administration
"will begin to take swift and bold action across the federal
government to roll back harmful Trump Administration policies,
including those impacting climate and environmental policies, on
January 20 to halt or delay Trump's damaging midnight
regulations."
    Trump officials are also on the verge of approving several
mining projects, or significantly advancing their regulatory
review process. 
    One of those, the Lithium Americas Thacker Pass project in
Nevada, is expected to be approved on Jan. 15, according to an
official at the Bureau of Land Management. 
    "It's been a good, collaborative process with state and
federal authorities. We look forward to the decision," said Jon
Evans, chief executive of Lithium Americas, which has been
developing the project for more than a decade. Lithium is a key
component of electric vehicle batteries.
    At least 10 other projects were deemed important enough to
the U.S. economic recovery from the coronavirus pandemic that
they should receive fast-track permitting, according to an
executive order the president signed last June.
    Several gold and phosphate fertilizer projects in Nevada and
Idaho, respectively, have also either been approved by Trump
recently or seen major advancements in the permitting process.
    In Utah, developers of the Twin Bridges Bowknot Helium
Project received approval to drill seven wells, build roads and
install pipelines to produce helium in the Labyrinth Canyon
Wilderness, a project environmentalists claim has been
fast-tracked ahead of Biden's inauguration. 
    A judge issued a temporary injunction to the project in late
December, pending a full review. 
    In South Dakota, the Dewey-Burdock uranium mine got several
important permits from the U.S. Environmental Protection Agency
in November, though it will need other permits before it can
open. The mine, like Rio's project in Arizona, is strongly
opposed by Native American tribes who say it will pollute their
water reservoirs.
    In Arizona, Trump's plans to approve the land swap needed
for Rio to build a copper mine has run into stiff opposition
from Native Americans who consider the land sacred. Rio fired
its chief executive last year after he oversaw the destruction
of indigenous sites in Australia.  urn:newsml:reuters.com:*:nL4N2G7483 
    Its new CEO has vowed to "restore trust" with indigenous
groups, though Native Americans say the company is poised to
make the same mistake in Arizona as it did in Australia.
 urn:newsml:reuters.com:*:nL1N2IY02R

    <^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
After Capitol siege, an increasingly isolated Trump faces calls
for removal     urn:newsml:reuters.com:*:nL1N2JI0JO
Rio Tinto bows to pressure over cave blast as CEO, executives
exit -     urn:newsml:reuters.com:*:nL4N2G7483
Rio Tinto names Stausholm as CEO in surprise pick after cave
destruction     urn:newsml:reuters.com:*:nL1N2IY02R
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^>
 (Additional reporting by Trevor Hunnicut; Editing by Edward
Tobin)
 ((ed.tobin@thomsonreuters.com;))