Crowell Prevails for National Mining Association in D.C. Circuit, Defeating NGO Challenge to Interior Department’s "Mill Site" Rule
Firm News | 2 min read | 07.15.24
Washington – July 15, 2024: Crowell & Moring secured a victory on behalf of the National Mining Association in a longstanding dispute over a regulation governing mining on federal land.
In 2003, the Interior Department enacted a regulation that governs the use of “mill sites” to facilitate hardrock mining on federal land. The regulation was then challenged in 2009 by Earthworks and other aligned organizations. Along with a coalition of other industry intervenors including Barrick Gold, NMA intervened in the district court on the side of the Interior Department’s Bureau of Land Management to defend the regulation. In 2020, the district court granted summary judgment to the government and industry intervenors.
While the appeal was pending, Earthworks petitioned BLM to rescind the rule, and as a result, the case was put into abeyance. After a year of abeyance with no movement on the administrative petition, intervenors successfully persuaded the D.C. Circuit to allow merits briefing to proceed. On the merits, while the government invoked Chevron deference, intervenors urged the court of appeals to uphold the mill site regulation under a plain-language interpretation of the Mining Law of 1872, and it was intervenors’ position that prevailed.
On June 25, 2024, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a district court decision upholding the regulation.
The Crowell team includes partners Elizabeth B. Dawson, Daniel W. Wolff, Thomas A. Lorenzen, and retired partner R. Timothy McCrum.
About Crowell & Moring LLP
Crowell & Moring is an international law firm with operations in the United States, Europe, MENA, and Asia. Drawing on significant government, business, industry and legal experience, the firm helps clients capitalize on opportunities and provides creative solutions to complex litigation and arbitration, regulatory and policy, and corporate and transactional issues. The firm is consistently recognized for its commitment to pro bono service as well as its programs and initiatives to advance diversity, equity, and inclusion.
Media Contact:
Email: prteam@crowell.com
Insights
Firm News | 1 min read | 07.16.24
Crowell & Moring Advises itselectric in $6.5 Million Seed Funding Round
New York – July 16, 2024: Crowell & Moring represented itselectric, a Brooklyn-based electric vehicle curbside charging company, in closing a $6.5 million in a seed funding round. The round was led by Failup Ventures and Uber Technologies, with additional participation from Halogen Ventures, The Partnership Fund for NYC, Pulse Fund, Newlab, Gratitude Railroad, Tale VP, Equity Alliance Fund, LACI Impact Fund, and The Helm. This new funding will support itselectric's expansion to seven U.S. cities in 2024, including Boston, Los Angeles, Detroit, Jersey City, and San Francisco, and will help meet the growing demand for convenient and affordable curbside EV charging solutions.With the rapid growth of EV sales in the U.S. and the increasing need for charging infrastructure, itselectric's innovative Level-2 charging posts offer a scalable solution. These chargers connect behind-the-meter to draw spare electrical supply from adjacent buildings, eliminating the need for utility permitting and coordination. This approach allows for zero-cost installation to property owners and cities, while also providing a revenue-sharing model that benefits property owners. Additionally, itselectric's UL-certified detachable cable EV chargers emphasize safety, customer experience, and product quality.New York-based corporate partner Matthew Moisan led the deal with assistance from counsel Justin Lurie and associate Justin Porter.
Firm News | 2 min read | 07.15.24
Firm News | 3 min read | 07.09.24
Firm News | 5 min read | 07.01.24
