The 9th Circuit's so-called “Rosemont decision” upended the government’s long-held position that the 1872 Mining Law conveys the same rights established through a valid mining claim to adjacent land for the disposal of tailings and other waste. Lithium is a key element needed to manufacture batteries for electric vehicles - a centerpiece of President Joe Biden's “clean energy” agenda intended to expedite a transition from fossil fuels to renewable forms of energy. The Appeals Court is considering a related appeal filed by environmentalists and Native American tribes challenging construction of the huge Thacker Pass lithium mine in Nevada near the Oregon line.
Circuit Court of Appeals blocked a proposed copper mine in Arizona last year.
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