Trump moves to loosen mining regulations, approve projects as he exits

[clay]

From Reuters:

Administration officials tell Reuters they plan to publish a raft of decisions on Jan. 15 that will expand miners’ access to federal lands, give final approval to Lithium Americas Corp’s Nevada lithium mine and approve a land swap for a Rio Tinto Ltd Arizona copper mining project, among other steps.

https://www.reuters.com/article/us-usa-mining-resolution-trump/trump-moves-to-loosen-mining-regulations-approve-projects-as-he-exits-idUSKBN29D1AD

I think the biggest changes are going to be the right to use federal lands for tailings storage and the fast tracking of permitting. (Fast-41 is an Obama permitting scheme that mining has been left out of until now.)

[LukeJ]

The next 12 days will be interesting for sure.  

I wonder why these important decisions were left until now?

[clay]

4 hours ago, LukeJ said:

The next 12 days will be interesting for sure.  

I wonder why these important decisions were left until now?

It's an ongoing process Luke. Despite TV drama to the contrary making these changes requires publishing the plan and allowing time for public input before making a final decision. Presidents don't just make decrees there is a due process laid out by Congress that has to be followed before executive action can take place.

From the Federal Register Notice here is part of the people and timeline involved.

Quote

On November 27, 2020, the Permitting Council, which comprises the Permitting Council Executive Director; 13 Federal agency council members (including the designees of the Secretaries of Agriculture, Army, Commerce, Interior, Energy, Transportation, Defense, Homeland Security, and Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Chairmen of the Federal Energy Regulatory Commission, Nuclear Regulatory Commission, and the Advisory Council on Historic Preservation); and additional Permitting Council members, the Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of Management and Budget (OMB); published in the Federal Register a proposed rule to designate mining as a sector of infrastructure projects eligible for coverage under FAST-41.

As you can see everyone gets a say before these changes are made. Even the regular old working guy has a right to make a comment or raise legal or procedural objections during and after the comment period.

If you have a real interest in this stuff you can get Federal Register Notices delivered right to your email every day. It's what I read for breakfast.

Edited January 8, 2021 by clay

[LukeJ]

5 minutes ago, clay said:

It's an ongoing process Luke. Despite TV drama to the contrary making these changes requires publishing the plan and allowing time for public input before making a final decision. Presidents don't just make decrees there is a due process laid out by Congress that has to be followed before executive action can take place.

Some presidents do make decrees.  Whether or not their desires are ever implemented is another story.

I realize there's a process to some extent.  I just find it interesting how the 'timing' in these cases played out.

[clay]

1 hour ago, LukeJ said:

Some presidents do make decrees.

Only as it relates to military action or foreign affairs. Everything else is bound up in specific procedures mandated by the APA (Administrative Procedures Act). It's been that way since 1946.

[LukeJ]

33 minutes ago, clay said:

Only as it relates to military action or foreign affairs. Everything else is bound up in specific procedures mandated by the APA (Administrative Procedures Act). It's been that way since 1946.

What about Executive orders and pardons?

[clay]

26 minutes ago, LukeJ said:

What about Executive orders and pardons?

This isn't a decree, order or pardon. It's not even a Presidential action, it's unified executive agency rule making. That's why it's subtitled "A Rule by "the Federal Permitting Improvement Steering Council". It's part of a much longer term effort by Congress to reduce permitting burdens within the Federal bureaucracy.

If you want to know more about why a President can't just decree changes read the link in my previous post 5 U.S. Code § 553. Rule making. Congress put hobbles on that mule 75 years ago.

[LukeJ]

1 hour ago, clay said:

This isn't a decree, order or pardon. It's not even a Presidential action, it's unified executive agency rule making. That's why it's subtitled "A Rule by "the Federal Permitting Improvement Steering Council". It's part of a much longer term effort by Congress to reduce permitting burdens within the Federal bureaucracy.

If you want to know more about why a President can't just decree changes read the link in my previous post 5 U.S. Code § 553. Rule making. Congress put hobbles on that mule 75 years ago.

Thanks for clearing that up.

What else is new?   

[clay]

There are about a dozen new rules, decisions, environmental study decisions and regulations published every working day Luke. That's a lot of new stuff. If you like new stuff there is plenty being invented on a daily basis.

More regulations are created every year than the average person could read and understand during the same time period. This has been going on at this pace since the early 70's. Your government hard at work. 

 

Edited January 9, 2021 by clay

[Bedrock Bob]

16 hours ago, clay said:

This isn't a decree, order or pardon. It's not even a Presidential action, it's unified executive agency rule making. That's why it's subtitled "A Rule by "the Federal Permitting Improvement Steering Council". 

Then why is it presented as something Trump is doing as he exits?

It doesn't seem to have much to do with Trump nor the timing of his exit.

[clay]

6 minutes ago, Bedrock Bob said:

Then why is it presented as something Trump is doing as he exits?

It doesn't seem to have much to do with Trump nor the timing of his exit.

You would have to contact Reuters news service for an answer to that question Bob. You are right it doesn't have anything to do with Presidential actions or the end of his term. Everything is Trumps fault according to the press. The fact he had nothing to do with this is a minor detail that doesn't deserve reporting.

Here are the actual culprits:

Congress. They passed the law to fast track permitting. Obama signed the law. These agencies did their job as directed by Congress to complete the fast track permitting process:

Permitting Council Executive Director; 13 Federal agency council members (including the designees of the Secretaries of Agriculture, Army, Commerce, Interior, Energy, Transportation, Defense, Homeland Security, and Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Chairmen of the Federal Energy Regulatory Commission, Nuclear Regulatory Commission, and the Advisory Council on Historic Preservation); and additional Permitting Council members, the Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of Management and Budget (OMB).

 

 

[Bedrock Bob]

So it is actually a law that Obama signed that reduced permitting hassles that is finally being applied to mining. 

Thanks Obama!

 

[clay]

5 minutes ago, Bedrock Bob said:

So it is actually a law that Obama signed that reduced permitting hassles that is finally being applied to mining. 

Thanks Obama!

 

Yep. Except Obama held up funding for the mining fast track permitting and applied the allocated funds to wind and solar project fast track permits. The committee was finally allowed to do the mining portion of fast track under Trump.

[Bedrock Bob]

4 minutes ago, clay said:

Yep. Except Obama held up funding for the mining fast track permitting and applied the allocated funds to wind and solar project fast track permits. The committee was finally allowed to do the mining portion of fast track under Trump.

 

Thanks again Obama! 

[Dakota Slim]

4 hours ago, Bedrock Bob said:

 

Thanks again Obama! 

Just think. You will be able to thank Joe soon. 

[pairadiceau]

Clay,

Thank you for a clear and concise explanation (again).

Jeff

[Bedrock Bob]

1 hour ago, Dakota Slim said:

Just think. You will be able to thank Joe soon. 

Im looking forward to a time when Corona is a beer again and Donald is a duck.