The Dirty Details on Mining in the Energy Permitting Reform Act

There is little to like about the Energy Permitting Reform Act of 2024. It would increase oil and gas extraction on public lands and lock us into fossil fuel consumption for decades, at terrible cost to the climate and the health of frontline communities. 

It would also strip away the few protections that exist to protect against irresponsible mining on public lands—and curtail the rights of impacted communities to seek justice in the courts. This bill is a massive giveaway of public lands to mining corporations. It doubles down on the already inadequate and out of date 1872 mining law by giving the industry privileged status over other uses of public lands, including  Indigenous Peoples’ cultural sites, recreation, and safeguarding drinking water supplies. 

Need more convincing? Here are the details, which can all be found in Section 210 of the bill.

• The Millsite Loophole: Mining companies can permanently dump toxic waste and construct pipelines and roads and more at places called millsites. This bill would give mining companies free rein to pollute and develop public land, even if it performs critical services like watershed protection or is a sacred site to Indigenous Peoples. Millsites could even get in the way of energy-related activities like future mining or renewable energy projects.  
• Unfettered Access to Public Lands: Mining companies would  no longer need to get a permit to build a pipeline or other infrastructure. That is something that’s been required for every industry since the passage of the Federal Land Policy and Management Act in 1976, and gives land managers the discretion to protect sensitive public lands.
• No Proof Necessary: The bill would allow companies to claim more land for mining without even proving that there are any minerals there to mine. Mining companies have always needed to prove that there are valuable mineral deposits on their claims. This bill opens the door for courts to decide that proof of a valuable mineral is no longer required on the vast majority of unwithdrawn public lands. 

Section 210 of the Energy Permitting Reform Act would shift power away from communities, the environment, and  the clean energy future. It would give the mining industry even greater control over public lands than they already enjoy under the regressive 1872 Mining Law.

This bill would make it easier for mining companies to claim rights to land that has already been taken from Indigenous Peoples, often in violation of their treaty rights. In the United States, the vast majority of minerals needed for electric vehicle batteries and other renewable energy technologies are found on or near Indigenous Peoples’ land.

Instead of approving this massive giveaway, Congress should be enacting legislation that would close loopholes for foreign companies, improve environmental standards, and create competitive leasing to balance the nation’s clean energy mineral needs with other public land uses. These uses include renewable energy projects, cultural and historical resources, ranching, recreation, water resources, and wildlife. The need for these changes has been identified by the Interagency Working Group on Mining Laws, Regulations, and Permitting.

Want more information? Read more in our blog about the full bill.