Nevada, along with 13 other states, is intervening in a Washington, D.C. federal lawsuit to defend Nevada’s state regulatory program for hardrock mining. 

As in most states with a significant mining industry, Nevada comprehensively regulates hardrock mining, including through the Nevada Division of Environmental Protection. 

Recently, the Environmental Protection Agency (EPA) considered whether to add additional federal bonding requirements for hardrock mining. After careful consultation and feedback—including comments from state agencies like the Nevada Division of Environmental Protection—in February of this year the EPA decided that no additional federal bonding requirement was necessary. In reaching that decision, the EPA specifically relied on the existence of state regulatory programs like Nevada’s, explaining that it “believes that preemption of state financial assurance requirements […] would be an undesirable and damaging consequence” of adding additional federal regulations.

Special interest groups sued the EPA in federal court in Washington, D.C., arguing that the EPA must add additional federal bonding requirements.

Nevada has requested to intervene in that lawsuit to defend the EPA’s deference to Nevada’s state agencies.

Nevada is joined by the following states: Arizona, Arkansas, Alaska, Colorado, Louisiana, Michigan, Montana, New Mexico, South Carolina, South Dakota, Utah, Wisconsin and Wyoming. 

(Nevada Attorney General's Office contributed to this report.)