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Articles Posted in Mining

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New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status

by Kerry Shapiro This article was first published in The Conveyor, a publication of the California Construction and Industrial Materials Association. Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from…

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SB 1270 Proposes Significant California Mining Reform

by Kerry Shapiro, Esq. The recent submittal of significant proposed revisions to California’s mining law, the Surface Mining and Reclamation Act (“SMARA”), signals potentially broad-reaching changes to the statute. On February 21, 2014, Senator Fran Pavely (D) introduced SB 1270, a bill proposing to overhaul various sections of SMARA. SB…

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Ninth Circuit Ruling in Center for Biological Diversity v. Salazar Creates Tension Between Federal and California Law Regarding Idle Mines and Interim Management Plans

by Kerry Shapiro As reported earlier this week in this blog, the recent Ninth Circuit Court of Appeals decision in Center for Biological Diversity v. Salazar allowed a uranium mine on federal lands in Arizona to re-open after being idled for seventeen years absent any new federal approval or supplemental…

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Mining Lawyer: SB 108, A first step in solving the interim management plan problem (Part 3)

Kerry Shapiro This three-part blog series on California SB 108, a bill which changes provisions in the Surface Mining and Reclamation Act of 1975 (SMARA) pertaining to “idle” mines, is based on a paper I first presented at the CalCIMA Conference in October 2011. If you have not yet read…

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Mining Lawyer: SB 108, A first step in solving the interim management plan problem (Part 2)

Kerry Shapiro This three-part blog series on California SB 108, a bill which changes provisions in the Surface Mining and Reclamation Act of 1975 (SMARA) pertaining to “idle” mines, is based on a paper I first presented at the CalCIMA Conference in October 2011. If you have not yet read…

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Mining Lawyer: SB 108, A first step in solving the interim management plan problem (Part 1)

Kerry Shapiro This three-part blog series on California SB 108, a bill which changes provisions in the Surface Mining and Reclamation Act of 1975 (SMARA) pertaining to “idle” mines, is based on a paper I first presented at the CalCIMA Conference in October 2011. Background: What is the Interim Management…

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