Why hasnt the bigger bigger picture implication of using the congressional review act come up on this? Thats a major part of the reason people are making such a big deal about this.
Again, did not see a single post about this. It is perhaps the biggest single reason why conservation and environmental groups are making such a big deal about this. Yes, this mine matters. We dont have a lot of relatively pristine resources left and they are always under-valued; AND the particular type of mining in question has an extremely consistent and poor track record of environmental problems and shirked cleanup responsibility; AND the legal and regulatory structure folks are relying on to keep the project between the yellow lines has now been significantly defunded and politicized.
BUT perhaps the larger issue is that the congressional review act— the law that allows Congress to overturn a agency rule or regulation—was not written or envisioned to be used this way, so it has requirements within it that create some major problems regardless of what side of this issue you are on. The CRA is only subject to a simple majority in congress so its highly susceptible to partisan issues, and most importantly it mandates that once a rule or plan is rescinded
IT CANNOT BE REPLACED WITH ONE THAT IS “SUBSTANTIALLY SIMILAR” TO THE RESCINDED RULE. So, if they were rescinding an entire management plan, not just one decision about a mine, it would mean that the other 99% of that management plan—built on quite literally decades of public input and work that IS working well and ISNT contentious—would also be tossed out the window because THAT portion of the plan ALSO cannot be replaced with anything “substantially similar”. On top of that my understanding is that its a bit ambiguous or unsettled whether similar provisions in other management plans would then be rendered unusable even for other locations with different issues, ie rescinding something using the CRA in MN, based on how the law is written, could have implications for management plans in Az or Wy. So we’re potentially fighting over a small % of a 10-year or 20-year plan, but by tossing out one small “bad part” we also take every single “good part” that IS working well, and prevent us from using that in the future, at a minimum for that plan, but potentially country-wide. It’s the very definition of throwing the baby out with the bathwater.
So in this case specifically, its not an entire management plan, its the 20-year moratorium on mining. BUT the “significantly similar” clause of the CRA is still in full effect, so by doing this it has potentially prevented us from EVER having a mining moratorium similar to this in the boundary waters should that be deemed necessary in the future, and possibly anywhere else.
So, while Im not hyper-knowledgeable about the minutia of this^^, I think its fair to say that the legal water is pretty muddy and unsettled around using the CRA in this manner because its never been used this way before, and people have been fighting its use for issues like this specifically because of the “substantially similar” clause in that law is very likely to cause some massive unintended consequences down the road by literally preventing us from using the SUCCESSFUL management strategies we have.
Im all fine with folks disagreeing and discussing this mine in this place, but I think to have a real intelligent discussion the use of the CRA and the implications of the “significantly similar” portion of the CRA need to be included front and center in that debate.