On February 20, 2026, the U.S. Forest Service (USFS) published a proposed rule that would overhaul how locatable mineral exploration and mining are reviewed on National Forest System lands for the first time since 1974. Proposed Rule, Locatable Minerals, 91 Fed. Reg. 8316 (Feb. 20, 2026). The proposal—issued at 91 Fed. Reg. 8316—shifts from a
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The Need for Speed: Expediting Permitting for Mining and Infrastructure—Safely
Originally published in The Advocate, the magazine of the Idaho State Bar (October 2025).
Imagine you’re running late for a flight. You get into the TSA line, which snakes longer than expected. People fumble with their countless carry-ons, one person argues about the “new” twenty-year-old liquid restriction, and you worry you’ll miss your departure—yet you wouldn’t…
President Trump’s Executive Order Promoting Domestic Mineral Production
On March 20, 2025, President Trump signed Executive Order 14241 (EO), 90 Fed. Reg. 13673 (Mar. 25, 2025), aimed at promoting domestic mineral production for national security. The EO follows the President’s earlier EOs “Declaring a National Energy Emergency,” 90 Fed. Reg. 8433 (Jan. 29, 2025), and “Unleashing American Energy,” 90…
The Alaska Legislature’s Push-Pull on Taxes
In my latest column for State Tax Notes, I discuss several tax-related bills that were introduced during the most recent Alaska legislative session, which ended on May 17. Of the session, I noted that “…after the Alaska Department of Revenue released its Spring 2023 Revenue Forecast in March, the level of activity around tax legislation seemed to…
Things Heat Up in Juneau
In my most recent column for State Tax Notes, I look at the numbers in the Alaska Department of Revenue’s (DOR) spring 2023 revenue forecast, which the governor and Legislature rely on for budget discussions during the legislative session. I also provide a summary of some of the bills legislators introduced during the last session that would…
Wait … What? A Potentially Dangerous Development in § 105(c) Retaliation Cases
In my last column I talked about a coming shift in the analysis the Federal Mine Safety and Health Review Commission will use when it considers retaliation cases brought by the Secretary of Labor or by miners under § 105(c) of the Mine Act. For those of you that came in late, here’s the deal: …
We Have to Know What We’re Doing, Because They Don’t Always Get It
Let me tell you about an experience I had with a Labor Department lawyer earlier this month. It was one of those experiences that made me realize how important it is for those of us in the mining industry to have a good working knowledge of the Mine Act and how enforcement is supposed to…
Bracing for Another Budget Debate
In my most recent column for State Tax Notes, I look at the numbers in the Alaska Department of Revenue’s (DOR) 2022 Fall Revenue Sources Book, which tabulates historical revenues and provides the revenue forecast that the governor and Legislature will rely on for budget discussions during the legislative session. I also discuss the status of the refundable/rebatable…
Tax Actions by the Alaska Legislature in 2022
In my most recent column for State Tax Notes, I look at several bills that did and didn’t pass in the latest session of the Alaska State Legislature, which adjourned in May, and at what may be on the horizon.
Legislators introduced several bills that would have increased taxes on individuals or businesses in Alaska, none of…
MSHA Announces New Initiative to Enforce Silica Dust Standards
Last week, the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) announced a new initiative to strengthen enforcement of its current respirable crystalline silica standards. Crystalline silica is a common mineral found in sand, stone, concrete, and other materials. When disturbed by cutting, grinding, or crushing, it becomes airborne and respirable, capable of…