Sunday, May 7, 2023 | 2 a.m.
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In Nevada, mining is older than the state itself.
As saber-toothed cats and woolly mammoths disappeared from North America, indigenous people in Northern Nevada were already mining obsidian, agate, jasper and quartz. As the fall of the Western Roman Empire sent Europe into chaos, the Anasazi people mined turquoise and salt right here in Clark County.
Local histories tell of American and European prospectors arriving in Nevada in the late 19th century being led directly to rich mineral deposits by indigenous guides with significant knowledge of a region’s mineral resources. While non-indigenous prospectors laid claim to having “discovered” these deposits, the sites were littered with stone chisels, wedges, hammers and polishing stones used for centuries by local communities.
Put simply, for millennia mining has played a critical role in the lives of people who call these lands home. Today, the industry supports tens of thousands of good-paying jobs, and the state’s rich deposits of lithium and cobalt are critical to the successful transition of the United States to a cleaner renewable-energy future.
Which is why we applaud the efforts of Catherine Cortez Masto and Jacky Rosen to create a clear and sustainable policy framework that allows for effective and efficient mining in places where it is appropriate. Nevada’s two Democratic U.S. senators have teamed up with Republicans and Independents in Idaho and Arizona to sponsor the bipartisan Mining Regulatory Clarity Act, which would clarify and codify the confusing web of legislation, regulatory policy and court decisions that comprise current mining law.
By breaking partisan lines in support of creating an effective regulatory framework for mining in Nevada and elsewhere, Cortez Masto and Rosen have demonstrated their willingness to put politics aside and fight for blue-collar Nevadans working in one of our state’s most important economic engines.
With that said, the same histories that lead us to support the notion that mining can and should have a place in Nevada’s and America’s economy also lead us to believe that no mining law can be sustainable or serve the interests of justice without robust contributions from the people most affected by the law.
The legislation arose in the aftermath of a decision last year from the 9th U.S. Circuit Court of Appeals that blocked the Rosemont copper mine in southern Arizona because the company didn’t have mineral rights on the adjacent land where it planned to dispose of waste rock.
Environmentalists and numerous tribal organizations praised the 9th U.S. Circuit Court of Appeals’ decision because it would limit the amount of land available for mine-waste disposal; disincentivize mining by making it more expensive and thus less profitable; and help protect land that is of cultural or societal importance, such as sacred tribal lands and land used for recreational purposes.
Conversely, mining companies panned the decision for overturning 150 years of mining law and forcing companies to use otherwise valuable and resource-rich land holdings for waste disposal. They found allies in green-energy advocates because lithium, cobalt and other materials are desperately needed to manufacture batteries for green technologies such as electric vehicles. The only major nondomestic source of these materials that we’re currently aware of is China.
The reality is that both sides of the debate present valid and compelling arguments.
It is inefficient and nonsensical for mining companies to sacrifice valuable resource-rich land holdings to waste disposal. Meanwhile, forward-looking mining companies have detailed plans for remediation of their impact on the land.
But tribes and environmental groups are also correct to point out that mining companies don’t exactly have the best track record of self-policing and there remain many bad actors in the mining industry.
As Earthjustice Senior Legislative Representative Blaine Miller-McFeeley said in a statement following the introduction of the legislation:
“Mining companies have long abused the Mining Law, unlawfully claiming a right to destroy public lands to maximize profits. … (They) have left a trail of environmental destruction and human health catastrophes as a direct result of poorly regulated practices and corporate greed.”
Moreover, for America’s tribes, the issue of mining has been fraught for more than a century as avaricious non-natives have found countless ways to exploit indigenous lands and holy sites. They have learned that they must always be guarded when it comes to their land and rights.
Nevada’s robust mining industry encompasses tens of thousands of jobs and represents the economic lifeblood of entire communities in our state. Meanwhile, our state’s environmental protection is a profound matter. Balancing these interests is certainly difficult, but not impossible.
Indeed, the moment appears ripe for essential dialogue and compromise.
For both sides of this debate, the federal ruling represents a wakeup call. For the mining industry, the clear message is it needs to work harder on environmental issues and also pressure the bad actors among them to reform their ways. Simultaneously, environmentalists who want to see the green energy revolution continue suddenly have a deeply vested interest in the success of mining for minerals essential for our future.
Both Cortez Masto and Rosen have solid environmental bona fides. As such, they have a rare opportunity as this bill advances to encourage meaningful dialogue that seeks to reconcile economic, environmental, tribal and mining interests. The bill as it stands should be approved to protect the state’s economy. But as it works its way through the process, we believe it can be strengthened by bringing the bipartisan sponsors of this bill together with tribal leaders, mining executives and environmental advocates. If that happens, Cortez Masto’s bill might be the opening steps toward creating a new global standard for efficient, profitable and sustainable mining that simultaneously protects the natural environment and the communities that have called these lands home for generations.
