For Additional Information:
John Grasser (202) 463-2651
Karen Batra (202) 463-2651

FOR IMMEDIATE RELEASE
January 3, 2001

NMA SEEKS MINING RULES INJUNCTION "MIDNIGHT REGULATION" DEFIES STANDING ORDERS FROM CONGRESS, WILL COST AMERICA THOUSANDS OF JOBS

Washington -- In an attempt to curtail the continuing assault on American mining employees, families, companies and their communities, the National Mining Association today asked the District of Columbia Federal District Court to delay implementation of the Bureau of Land Management's (BLM) new 3809 surface mining regulations.

"The BLM has blatantly disregarded guidance from the National Academy of Sciences, and in doing so, defied standing instructions from Congress," said NMA President and Chief Executive Officer Jack N. Gerard. "It is appalling that the BLM would knowingly promulgate these rules for no real benefit when so many jobs are at stake."

By BLM's own admission, the new rules will cause decreased mineral production worth up to $877 million, which would result in a loss of up to 6,050 jobs.

"This unlawful regulatory proposal represents this Administration's eleventh-hour effort to dismantle the domestic hardrock mining industry. Mining companies, communities, families, and individuals in the rural economies of the West that depend upon this vital, basic industry will pay the price for these irresponsible proposals." said Gerard.

Under the Administrative Procedure Act, the court has authority to stay final agency action pending judicial review.

According to the NMA petition, the new rules are unlawful because:

• The new rules are inconsistent with the recommendations of the NAS Study and, thus violate the 2001 Interior Appropriations Act which contains language prohibiting the promulgation of any revisions to the existing 3809 rules, unless those revisions are "not inconsistent with" the NAS Study's recommendations.
• The new 3809 Regulations include many unlawful provisions, including a newly-added "mine veto" provision that gives BLM power to shut down operations that the agency may deem cannot meet certain standards. Additionally, the "mine-veto" provision was not in the proposed rule and the public was given no notice of this provision and no opportunity to comment.

"The BLM has conferred upon itself authority and jurisdiction that Congress never granted or considered granting. These new rules presume BLM can prevent and close down mining almost at whim," explained Gerard.

"The 'mine veto' provision in particular will deter any future investment or exploration investment opportunities," explained Gerard. "The disruption in investment confidence from this provision - let alone the cost of any mining activity shut down as a result - will have immediate and significant impacts on the hardrock mining industry."

The new rules, scheduled to go into effect January 20, 2001, were issued by BLM despite strong opposition by the Western Governors Association and conflicts with many of the recommendations of a Congressionally-mandated National Academy of Sciences study.

"We are at a loss as to how the BLM can ignore the comments and information provided by so many independent parties," said Gerard. "We urge the court to remedy these outrageous actions."

The U.S. mining industry produces coal, metals, building materials, and many other essential minerals that define the daily lives of 267 million Americans. The mining industry generates over $500 billion in total economic benefit each year and helps to sustain nearly 5 million U.S. jobs