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Flood of Prop 65 Suits Reduced to a Trickle
Industry Impact: Mass mailings of Prop. 65 60-Day Notices created quite a stir among California businesses last December but none of the notices issued to mining companies had merit and it now appears that few are being seriously pursued. The mass mailing effort to avoid Prop 65 reforms effective Jan.1, 2002 may give weight to critics who want to see further reforms in the law.
CMA Action: CMA actively worked with members, industry groups and met with the Attorney General's office in an effort to educate companies of their options and provide guidance. A Prop 65 TuneUp Kit for CMA Members is being developed and will be available shortly.
Read CMA's letter to Attorney General Bill Lockyer on this subject at www.calmining.org
MSHA Action Plan Announced
Industry Impact: A major move in the right direction, if implemented as conceived.
CMA Action: CMA Safety Committee Chair Will Davis of Homestake Mining congratulates Lauriski's "attempt to refocus MSHA's efforts to assist mines, and especially small mining operations, in promoting the safety and welfare of their workers. Industry looks forward to a less adversarial and more consultative approach to working with the agency for the benefit of our workers."
MSHA Assistant Secretary Dave Lauriski presented his draft action plan for the agency to industry representatives this month. Lauriski recognizes that, since 1994, the U.S mining fatality rate has essentially plateaued under intense focus on enforcement by MSHA. Lauriski's plan is to shift efforts to become more proactive, less reactive, and create a better balance of enforcement, education, and training. Highlights of the plan include:
- Conduct focused enforcement based on a mine's accident history.
- Focus on high incident rate mining operations.
- Mines with 5 or fewer employees have a fatal injury rate 8 times higher thanlarger operations. Develop a small mine initiative/office within MSHA.
- Develop modern training materials and make them available on the internet
- Expand MSHA web site to include equipment design.
- Recognize mines with excellent safety programs and processes.
Gnatcatcher and Fairy Shrimp Critical Habitat Overturned
Industry Impact: A huge victory for the industry in establishing realistic financial analyses of the effect of designating critical habitat and a reprieve for Southern California mining operations.
CMA Action: The Association collected information from members on anticipated economic impact in support of the appeal.
A new analysis of the economic effects of setting aside more than 500,000 acres in California to protect the threatened California gnatcatcher and San Diego fairy shrimp has been ordered by U.S. District Judge Stephen Wilson. Wilson's ruling that the economic impact of the restrictions was not fully considered affects more than 513,000 acres for the gnatcatcher and more than 32,000 acres for the fairy shrimp.
The judge will not rule on whether existing protections would stay in place until a revised economic analysis and new habitat designations are completed in 2004 until he receives additional written arguments from the U.S. Fish and Wildlife Service and an environmental group.
The U.S. Justice Department attorney representing the Fish and Wildlife Service has already indicated that "the gnatcatcher and fairy shrimp will not suffer harm if the habitat were vacated."
A number of CMA member companies operate on lands designated in Los Angeles, Orange, San Diego, San Bernardino and Riverside counties as critical habitat for the gnatcatcher, and in Orange and San Diego counties for the fairy shrimp.
Bush Appointees Boost Western Presence in Washington
Industry Impact: In reviewing the appointments of the Bush administration, it is clear that the President has made a dilligent and necessary effort to include Western representatives within the administrative process.
CMA Action: The CMA is tracking key Bush administration appointees on the Association website. For the complete picture on the status of all high level Bush administration appointments, go to http://www.appointee.org/
The US Senate confirmed Steven A. Williams recently as the new leader of the Interior Department's Fish and Wildlife Service. Williams, who was serving as secretary of the Kansas Department of Wildlife and Parks when he was nominated July 18 by President Bush, takes over the federal agency charged with conserving and protecting fish, wildlife, plants and their habitats.
Williams' confirmation as head of Fish & Wildlife fills the last agency appointment of greatest interest to the mining industry. Encouraging to CMA Executive Director Denise Jones is evidence that "there has been a concerted effort to ensure that the people of the Western states have a voice, not only through elected officials, at the upper levels of those Federal agencies making land decisions that effect the West more than any other part of the nation."
Western Bush appointees include Gale Norton, Secretary of the Interior, from Colorado, Forest Service Chief Dale Bosworth and Craig Manson, Assistant Secretary of the Interior for Fish, Wildlife and Parks, both Californians, and BLM Director Kathleen Clarke of Utah.
Yuba County Takeover Prompts Legislative Action
Industry Impact: AB 1878 (Leslie) proposes to extend the time frame that a local lead agency would have to address SMARA deficiencies from 45 days to 90 days after being notified of deficiencies by SMGB. The bill also gives the SMGB the option (rather than a requirement) to take over lead agencies functions.
CMA Action: CMA is evaluating the ramifications of the SMGB's takeover of Yuba County's lead agency role and continues to advocate industry concern over this action.
The State Mining and Geology Board's recent decision to take over SMARA lead agency functions in Yuba County has prompted introduction of a bill to remedy some procedural concerns, as well as protests from the CMA and industry interests.
AB 1878 would extend the time frame that a local lead agency would have to address deficiencies from 45 days to 90 days. This brief extension of the time allowed to correct deficiencies is needed as some noted deficiencies involve environmental review and other administrative processes which have long public review periods.
The bill also allows the SMGB the discretion to recognize that deficiencies caused 20 years ago are not an automatic trigger which require the Board to step in. This change is highly desirable, as it ensures that historic local agency actions will not become the basis for current state action. Click here to read AB 1878.
The takeover of Yuba County marks only the second time a county has been involuntarily taken over by the SMGB. During a recent CMA permitting seminar, SMGB member John Parrish noted that it was not the desire of the board to take over lead agency authority. The Board felt that if it made any of the specified findings under SMARA, and they were not remedied, the board had to take over authority.
Yuba County may judicially appeal the decision but has not done so yet. In a letter to the SMGB, CMA Executive Director Denise Jones expressed concerns that the findings of the board seem to be based on evidence insufficient to make the findings leading to takeover.
Calaveras Cement Earns 50-year Permit Approval
Industry Impact: CMA member company finds success with proactive approach to reclamation planning, spending nearly four years of site investigation and planning to permit the longest period of mining that reserves analysis and engineering would allow.
CMA Action: CMA Executive Director Denise Jones spoke in support of the project at the Shasta County Planning Commission hearing, complimenting the quality of the reclamation plan and Calaveras Cement's integrity and long-term commitment in the community.
On December 13, 2001, the Shasta County Planning Commission unanimously approved an updated reclamation plan for Calaveras Cement's Gray Rocks Quarry to the year 2050, the longest period of such approval in recent County history.
"We are very pleased," said James Ellison of Calaveras Cement, "that the Commission recognized the high level of engineering and planning effort and expense invested in this exercise by granting a corresponding permit."
Calaveras Cement's Gray Rocks Quarry, located approximately 12 miles north of Redding, has operated since 1960, supplying limestone for its Redding cement plant. This operation has produced the majority of cement used in construction in the region for the past 40 years. A permit update for Gray Rocks Quarry was needed because mining is continuing beyond the limits specified in its original 1978 reclamation plan. The Department of Conservation did not support a 50-year approval but could not provide a legal basis for the opposition.
Congressional Staffers Tour Desert Mines
Industry Impact: Top level Congressional staff learned first-hand about the mineral values, history and current practices of mining in the California desert -- the most highly mineralized region in the world.
CMA Action: The CMA co-sponsored the tour with the National Mining Association and the Gold Institute, and will continue efforts to educate Washington on Western mining issues.
Sixteen legislative analysts and other top level Congressional staff accompanied CMA staff and members on a tour of Molycorp's Mountain Pass Mine and Viceroy Gold's Castle Mountain Venture last month. The day-long tour originated in Las Vegas and included highlights of reclamation efforts at Castle Mountain and environmental efforts at Mountain Pass.
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