Rosemont Appeal Factsheet-answer coming soonhttps://s23.q4cdn.com/405985100/files/doc_downloads/2020/06/Hudbay_Appeal_Factsheet_062220.pdf
ROSEMONT
Moving Forward.
Modern Mining that Works
REQUIRING VALID MINING CLAIMS
FOR MINING OPERATIONS HAS NO
LEGAL BASIS AND IS IMPRACTICAL
There are currently no laws or regulations requiring
the Forest Service to assess whether there are
valuable mineral deposits on federal land that is to
be used as part of mining operations.
LEGALITY OF MINING OPERATIONS
COULD VARY FROM DAY-TO-DAY
Using the validity of mining claims as a determining
factor is unsound, as claim validity is dependent on
the value of mineral deposits, which fluctuate
based on a number of factors, including commodity
prices and production costs. The court’s
misinterpretation would create a scenario in which
the legality of mining operations could vary from
day-to-day based upon market forces and other
factors that can affect the value of a deposit.
FEDERAL LAW EXPLICITLY ALLOWS
FOR MINING ACTIVITIES ON OR OFF
MINING CLAIMS.
The District Court’s determination that all mining
activities, including production and tailings
facilities, must be conducted on valid mining
claims is contrary to a plain language reading of
the laws that authorize mining activities on
federal lands.
“All functions, work, and activities in
connection with prospecting, exploration,
development, mining or processing of
mineral resources, . . . (are authorized)
regardless of whether said operations take
place on or off mining claims.”
“
- 36 Code of Federal Regulations §§ 228.1, 228.3
ROSEMONT IS CONFIDENT THE APPELLATE
COURT WILL REINSTATE THE FOREST
SERVICE’S DECISION
During an exhaustive 13-year review, the project
was substantially refined based on the findings of
the Forest Service’s analysis.
In 2018 Rosemont received all necessary permits
to construct and operate America’s most modern
and environmentally sustainable copper mine.
The approval moved Rosemont to the last preconstruction
phase: litigation. The thoroughness
of the review and permitting process gives
Rosemont confidence that if any changes are
required, they can be easily remedied.
OUR CONFIDENCE IN THE APPEAL IS
FOUNDED IN MORE THAN 150 YEARS
OF MINING LAW AND PRACTICE
Rosemont expects the appellate court to recognize
the value of the federal government’s longstanding
policy to promote mining on public lands, including
within national forests.
LAWS PUT IN PLACE BY CONGRESS
ENCOURAGE MINING ON PUBLIC
LANDS