State of Alaska Department of Law’s Post

For industry outsiders, the concept of mine reclamation is not often apparent. But the truth is that most mining projects cannot go ahead without a properly financed and guaranteed mine clean up plan. The concept is that after the mine ceases to be operated, the property has to be restored to its original form. That sounds simple, but putting arrangements in place many years into the future when the parties to the mine operations and ownership almost undoubtedly will change is complex. For example, do such arrangements survive a company bankruptcy? As the mining industry evolves, alongside the evolution of environmental protection legislation and innovations in reclamation technologies, stakeholders are faced with a myriad of regulatory challenges and opportunities when implementing reclamation strategies. My Dentons colleagues Alex MacWilliam and Kate Wiltse recently co-authored an article for the Canadian Mining Journal, in which they discuss the regulatory landscape governing mine reclamation in Canada, highlighting the importance of understanding legal frameworks, leveraging technological advancements, and well-planned liability and security regulations. It's a complex issue to deal with. Read the article: https://ow.ly/VP7z30sEOZ6 #Mining #Regulatory #MineReclamation #Technology #EnvironmentalProtection

Who pays to clean up an old mine? The Inactive Mine Reclamation Program (IMRP) reclaims, safeguards, and restores lands impacted by past mining; specifically coal mines abandoned prior to August 3, 1977 (under the Surface Mining and Control Reclamation Act, or SMCRA), as well as hard rock and uranium mines in partnership with other state and Federal agencies. The IMRP is funded through Department of the Interior by reclamation fees paid by current coal mine operations on each ton of coal mined in Colorado. DRMS receives, on average, $3 million each year in "fee based" funding for safeguarding and program operations, in addition to approximately $10 million for coal related reclamation from the Infrastructure Investment and Jobs Act. There is no other program to address past mining hazards, and minimal funding is available for environmental projects. In all, the IMRP spent approximately $6.2 million in Fiscal Year 2023 on all reclamation investigations, designs, and safeguarding work. In addition to coal mine reclamation, the DRMS leverages their expertise in reclamation in non-coal projects with local, other state, and Federal organizations. Those projects are funded through a combination of grants, cost-sharing agreements, and other legislation.

“U Can Pollute” in the Alberta Tarsands Tarnation & build toxic selenium laced coal mines & cement plants in Canada’s Rocky Mountains; but you can’t build sustainable energy infrastructure because of Fossil Tom-Foolery, Yeehaw & Yahoo, Eh?⚠️⛔️🤠♻️⚠️ Globe & Mail - Emma Graney: Judge orders Alberta to hand over documents related to coal policy. 
Laura Laing is one of the southern Alberta ranchers who is against the coal mining policy. TODD KOROL/THE GLOBE AND MAIL
 
The Alberta government has been ordered by a court to hand over a swath of records pertaining to its 2019 decision to quietly nix a policy governing where coal mines can be built in the province. 
The case stems back to 2020, when a group of Southern Alberta ranchers requested records around the United Conservative government’s decision to rescind the province’s 1976 Coal Policy without any consultation. The decision caused public backlash so fierce it forced the government to backpedal and introduce new rules around coal mining. 
The ranchers had asked for correspondence and briefing materials about the decision, including internal memos, reviews, reports, e-mails and letters. But Alberta Energy dragged its heels and returned few records, many of which were redacted.

Documents previously released to the group confirm the government was talking with the coal industry for years about relaxing a policy that protected the Rocky Mountains from open-pit mines. 
The documents, seen by The Canadian Press, also show the province was talking about opening those landscapes to more development generally for at least 7 months before letting the public in on its plans. 
Last week’s ruling from Alberta’s Court of King’s Bench followed an April, 2023, decision by Amanda Swanek, an adjudicator with the Office of the Information and Privacy Commissioner of Alberta. The province asked for a judicial review of Ms. Swanek’s finding that the government had not properly explained why various records should not be released. 
On Friday, almost four years since the ranchers’ initial request, Justice Kent Teskey dismissed the government’s attempt to keep the information secret. The ranchers are now waiting on thousands more pages of records. https://lnkd.in/g764XSHv

Canada’s Mining Industry — Bringing Environmental Risk to You & Your Community?⚠️⛔️ ☠️⛏️😳⚠️ Globe & Mail - Niall McGee: Failure of Victoria Gold processing plant in Yukon spurred by rock collapse inside gold mine. An internal rock collapse at a gold mine in the Yukon was a major factor in the collapse of a gold processing plant operated by Victoria Gold Corp., The Globe and Mail has learned. 
Whitehorse-based Victoria Gold on Monday said that its heap leach pad had failed at its Eagle gold mine, and that part of the infrastructure had breached the containment region, raising the possibility of environmental damage from cyanide leaking into the environment. 
Heap leaching involves stacking mined ore into giant piles and then sprinkling it with hundreds of litres of water laced with cyanide. Assisted by gravity, the toxic solution causes gold to leach from the ore. The resulting “pregnant” solution then drips into a lined outdoor pond. The solution is finally pumped to an enclosed facility where the gold is collected.

The company did not say what caused its heap leach pad to fail, but images that have circulated online indicate that a significant rock collapse had occurred. 
A source familiar with the situation confirmed that a major rockslide had occurred. The source said it wasn’t an external, naturally occurring event, but one that started when the stacked rocks collapsed. 
The Globe is not identifying the source because the person was not authorized to speak publicly.
John McConnell, chief executive of Victoria Gold, did not respond to multiple requests for comment. 
Heap leach plants must be monitored continuously to make sure that the cyanide solution is percolating through the rock. In the event of a buildup of solution, the weight of the rock can increase exponentially, and it can collapse, causing a rockslide. 
Investigators with the Yukon government arrived on site shortly after the heap leach failure and are working to ascertain the extent of the damage.
John Thompson, senior communications analyst, energy, mines and resources with the Yukon government wrote in an e-mail to The Globe that part of the slide spilled outside the heap leach containment area at the base of the facility.

What happened at Victoria Gold recently? Recently, Victoria Gold's Eagle Gold Mine in Yukon experienced a significant landslide, marking the second such incident this year. The landslide occurred at the heap leach pad, a crucial part of the operation where a cyanide solution is used to extract gold from ore. This failure resulted in a large movement of ore material and raised concerns about potential environmental impacts, including the possibility of cyanide contamination of nearby water sources. Where is Victoria Gold North of Mayo, approximately 375 km north of Whitehorse. What has been reported? - It has been reported that there was a landslide - 1.3 km long failure in the heap leach pad. - It caused a substantial slide of ore material, necessitating immediate response measures Victoria Gold Responded - The company reports that it quickly implemented measures to contain the slide, including building dams to hold back contaminated water. - The Yukon Government confirmed that no serious injuries occurred, although there was one minor injury reported Is there a Security Bond in place? - Yes, the original $ 30 Million CAD bond was increased to $104 Million CAD in 2022. First Nations Response The Nacho Nyak Dun Nation is demanding the immediate halt of all mining activity in its traditional territory, and an independent investigation into the recent failure. Approximately, about 40 per cent of Yukon’s permitted mining activity is in Nacho Nyak Dun traditional territory. Previous Issues? - Yes, this is the second heap leach failure at the Eagle Gold Mine this year. A previous incident in January also resulted in significant ore movement but did not involve chemicals at that time Regulatory and Environmental Concerns - The incident has raised regulatory scrutiny and environmental concerns, particularly regarding the containment of cyanide and the protection of local water sources. - An investigation is underway to determine the cause of the collapse and to assess the full extent of the environmental impact.

We designed, supervised, implemented, and reported a multi-phase investigation to support the site remediation and construction a Place of Worship in Consett. The seemingly straightforward scheme encountered a range of challenges, including potential ground subsidence associated with historical coal mining, generally poor ground conditions and contamination including “Blue Billy” and hydrocarbons. Read on at: https://lnkd.in/ekVFKKfi #contaminatedland #investigation #siteinvestigation #remediation

The long-delayed Minnesota copper-nickel mining project, known as the NewRange Copper Nickel, has won a significant legal victory. The Minnesota Court of Appeals affirmed a decision by state regulators to grant a major permit for the proposed mine, concluding that the Minnesota Pollution Control Agency carefully considered the potential for future expansion of the project when issuing an air emissions permit in 2019. This ruling supports the stance of NewRange Copper Nickel, a joint venture between Glencore and Teck Resources, and underscores the tension between economic development and environmental protection. Environmental groups, including Friends of the Boundary Waters Wilderness, have expressed disappointment, citing ongoing legal battles and the inherently polluting nature of copper-sulfide mining. They argue that mining in water-rich environments like northeastern Minnesota poses unacceptable risks, including the potential for acid mine drainage from sulfide-bearing ore. Despite this setback, they vow to continue fighting for stronger laws to protect clean water from the mining industry. This case highlights the complex balance between resource extraction and environmental stewardship. It also raises questions about the adequacy of current regulations to safeguard ecosystems and communities from the long-term impacts of such projects. As other crucial permits remain tied up in legal and regulatory proceedings, the future of the NewRange Copper Nickel mine is emblematic of broader debates on sustainable development and the transition to a greener economy. For more insights on this topic, follow the link to the full article: #EnvironmentalProtection #SustainableMining #WaterConservation

Happy Birthday to the Surface Mining Control and Reclamation Act of 1977 (SMCRA)! SMCRA grew out of the environmental concerns around strip mining. Surface coal mining had been around since the 1930s, and some states began regulating them in the 1940s. Despite this, with high demand for coal power, environmental concerns were often set aside or ignored. With regulations varying from state to state, it was hard to hold mining companies to a consistent standard. In the early 1970s, as surface mining became more prevalent, Congress sent mining regulation bills to President Ford, only to be vetoed. Congress persevered, however, and in 1977 President Carter signed SMCRA into law. SMCRA both regulates active coal mines and created a reclamation program for abandoned mine lands. The active mine program sets standards for environmental impacts, require companies to obtain permits and post reclamation bonds prior to mining, gives inspectors authority to review mining operations and enforce violations; and restricts mining altogether on certain lands such as National Parks and Wilderness Areas. For inactive coal mines, SMCRA created an Abandoned Mine Land (AML) fund, financed by a tax on coal, to pay for reclamation and safeguarding of mines that were abandoned prior to 1977 (it was later amended to allow funds to be spent on post-1977 abandoned mines as well). Part of the fund also supports responding to emergencies such as coal fires, subsidence, and landslides. Colorado's Inactive Mine Reclamation Program receives, on average, $3 million each year in "fee based" funding for safeguarding and program operations, in addition to approximately $10 million for coal related reclamation from the Infrastructure Investment and Jobs Act. There is no other program to address past mining hazards, and minimal funding is available for environmental projects.

"Murkowski and Senate Energy and Natural Resources Committee Chair Joe Manchin, D-W.Va., both of which helped to author the domestic mining provisions in the Bipartisan Infrastructure Law and Inflation Reduction Act – which appropriate billions of dollars to establish domestic EV supply chains – contend that the Biden administration is not implementing the domestic mining sections of these laws the way Congress wrote them." Learn more via the link below:

New recommendations on mining from a Biden administration working group would prioritize projects with “free, prior and informed consent” from tribal nations. This would be an important step in ensuring clean #EV supply chains, but we still need Congress and the Biden administration to act on these recommendations and strengthen our laws and regulations to modernize US mining.