What’s Really Happening
A court decision from 2022 has thrown Nevada’s mining industry into chaos. And it’s not just about one mine in Arizona. This ruling could hurt mining across the entire American West.
The trouble started with something called the Rosemont Decision. The Ninth Circuit Court of Appeals said mining companies can’t use federal land next to their mines to store waste rock. They said companies need to find valuable minerals on every piece of land they want to use.
Here’s why that’s a big problem. For over 40 years, mining companies have been allowed to use nearby federal land for things like waste storage. It’s called “ancillary use.” Without this ability, many mines simply can’t operate. The economics don’t work.
Nevada Congressman Mark Amodei knows this threatens his state’s economy, saying:
“The Rosemont Decision overturned decades of established precedent that allowed our domestic mining operations to flourish, and instead blocked production efforts with excessive red tape.”
The Rosemont Decision disrupted decades of mining precedent vital to Nevada’s economy and our national security.
The Mining Regulatory Clarity Act restores the long-standing standard, giving land managers certainty to advance responsible U.S. mining over reliance on adversaries. pic.twitter.com/Y1sAsWb7eo
— Rep. Mark Amodei (@MarkAmodeiNV2) September 3, 2025
Why This Matters to Conservatives
Mining is huge business in Nevada. The Nevada mining industry supported an average 14,787 direct employees in 2018, with about 75,000 additional jobs related to providing goods and services needed by the mining industry. The average pay for mining industry employees during this time was $97,600 per year, the third highest average private employment sector in the state.
This isn’t just about jobs. It’s about America depending on itself instead of China and other countries for critical minerals. Nevada is the only state producing lithium, which is quickly becoming the “gold rush” of the 21st century due to its value for use in emerging technologies in stored energy.
Think about it this way. When courts block American mining, we end up buying more minerals from countries that don’t like us very much. China controls many of these supply chains. That puts our national security at risk.
Limited government conservatives should be upset about this court ruling. It’s federal judges making up new rules that hurt business. For decades, the Forest Service and Bureau of Land Management knew how to handle mining permits. Now one court decision has created confusion and uncertainty.
The Mining Regulatory Clarity Act Explained
Rep. Amodei has a solution. His Mining Regulatory Clarity Act would fix the mess created by the Rosemont Decision. The bill is simple. It says mining companies can use federal land for operations connected to their mines. This includes storing waste rock and tailings.
The bill doesn’t create new rights. It just makes clear what everyone thought was already legal. H.R. 2925 will reinstate much-needed clarity to allow vital mining projects to move forward.
Amodei explained it perfectly in his testimony. He said this legislation:
“merely restores what has been the decades-long practice so that federal land managers are not left with confusion.”
The House has already passed this bill multiple times. It’s not some crazy new idea. Mark Amodei’s (R-NV) Mining Regulatory Clarity Act passed the House on Wednesday by a vote of 216-195.
What Critics Are Saying
Environmental groups hate this bill. They think it gives mining companies too much power over public lands. The Center for Biological Diversity and similar groups argue that mining companies should buy private land if they need more space for waste.
Some critics worry about water pollution and damage to wildlife areas. They point to the Rosemont Mine, which would have created a mile-wide pit and huge waste piles.
Native American tribes also opposed the Rosemont project. They said it would damage sacred sites and burial grounds.
These groups prefer the court decision that blocks mining companies from using federal land for waste storage. They want stricter limits on what mining companies can do.
The Bigger Picture for America
This fight is about more than one court case. America is losing the battle for critical minerals. China dominates the processing of lithium, copper, and other materials we need for everything from cell phones to electric cars.
Rich Nolan, National Mining Association president and CEO, said:
“China’s recent actions to cut off VITAL mineral supply chains underscores the need to strengthen domestic mineral supply chains for manufacturing, energy, national security and other priorities.”
If we want energy independence, we need more American mining. The Rosemont Decision makes that much harder. It creates legal uncertainty that scares away investment.
Nevada has some of the world’s best mineral deposits. Nevada leads the nation with the largest mining program in the BLM, with more than 180,000 active mining claims (49% of the BLM total), 198 authorized mining plans of operations. We should be using these resources, not letting court decisions shut them down.
What Happens Next
The Mining Regulatory Clarity Act has passed the House. Now it needs to get through the Senate. That won’t be easy with Democrats controlling key committees.
If the bill fails, mining companies will face years of legal uncertainty. They might have to redesign projects or abandon them entirely. That means fewer jobs and more dependence on foreign minerals.
The Supreme Court could also get involved. The Rosemont company didn’t appeal their case to the high court. But future cases might reach the Supreme Court and overturn the Ninth Circuit’s ruling.
Meanwhile, mining companies are looking for workarounds. The Rosemont company is now trying to develop a mine on private land instead of federal property.
What Conservatives Should Do
Contact your senators and tell them to support the Mining Regulatory Clarity Act. This bill protects American jobs and strengthens our national security.
Support candidates who understand that America needs more domestic mining, not less. The Rosemont Decision shows what happens when environmental activists use the courts to block economic development.
Push back against the idea that mining is automatically bad for the environment.
Gary said:
“If they really care, they want mining to happen in Nevada because of our regulations and how strict they are. When you offshore that mining into China, Venezuela, Argentina, Ghana, [or] Russia, they are not using the same environmental standards that we are.”
The choice is clear. We can mine responsibly in America with strong environmental rules. Or we can let China and other countries do the mining with much weaker standards. Conservative principles support American energy independence and good-paying jobs for American workers.
Rep. Amodei is fighting the right fight. The Mining Regulatory Clarity Act deserves conservative support. Our economic future and national security depend on it.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
