Mining Law

What’s been called the “the most significant federal court decision on federal mining law in several decades,” could have broad implications for federal mining law and the future of the domestic mining industry. In May 2022, the Ninth Circuit affirmed District Court Judge James Soto’s order temporarily blocking the proposed Rosemont Copper mine in the Santa Rita mountains of southern Arizona. As the world economy transitions away from fossil fuels and adopts electric vehicles and other clean technologies, the demand for cobalt, lithium, nickel, and other minerals is soaring. The development and manufacture of renewable energy technologies, the United States’ lengthy permitting process, which averages seven to ten years, and the Inflation Reduction Act’s (IRA) tax incentives for domestically sourced minerals create a unique environment in which both sides of the political aisle have an appetite for mining law and permitting reform.