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Secretary of the Interior Doug Burgum Wants Just 90 Days to Hand the Boundary Waters Over to a Foreign Mining Company

This morning, Secretary of the Interior Doug Burgum again joined Twin Metals to urge the DC District Court of Appeals to put the Boundary Waters litigation on hold.

The Burgum Reply explains that a review of the Twin Metals matter is already underway at Interior; and it assures the court that this review will be an exercise in a foregone conclusion: “there is a meaningful likelihood that the contours of the issues presented in this case will change as a result of the agency’s review.”

The filing also reveals that Interior has placed the previous Solicitor’s legal opinion under “Suspension Review,” which means that “Interior may not ‘rely on those M-opinions as authoritative and binding without first consulting with the Office of the Solicitor for guidance.'”

That office is currently headed by Acting Solicitor Gregory Zerzan, who in the past has held a number of government positions and served as Principal Deputy Solicitor under Daniel Jorjani in Trump’s first term. Jorjani, of course, wrote the M-Opinion that determined Chilean mining giant Antofagasta plc had a “non-discretionary” right to renewal of its leases near the Boundary Waters.  (I’ve written about that opinion, its genesis, its selective use of history, and its contorted logic at length on this blog and elsewhere. This link should bring up some of those posts.).

Neither Burgum nor the attorneys for Antofagasta seem especially confident that the Chilean mining company can win on the merits, and they are asking for a 90-day reprieve to render this case moot.

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lvgaldieriSearch Results for “jorjani m-opinion” – lvgaldieri
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Secretary of Interior Doug Burgum Runs Interference for a Foreign Mining Company

Yesterday evening, Trump's Secretary of the Interior Doug Burgum filed a motion asking the DC Circuit Court of Appeals to hold the Boundary Waters litigation "in abeyance."

#corruption #mining #water #boundarywaters

lvgaldieri.com/2025/02/19/secr

lvgaldieri · Secretary of Interior Doug Burgum Runs Interference for a Foreign Mining Company
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‘Unshore’, Old suitcase, sand and air humidifier, 2024.

c. 1400, unseur, of a place, “not safe against attack,” also, of persons, “lacking certainty,” from un- “not” and sure. By early 15c. as “dependent on chance.”
The key of return—the symbolic act of holding onto the keys to their homes—embodies Palestinian resilience and the enduring connection to their homeland amid the ongoing genocide in Gaza (and previously, the Nakba). Central to Palestinian culture and activism, it signifies resistance and the relentless pursuit of justice.

Using sand from his garden, Alaric explores the concept of “home from home,” with the coastline serving as both a border and a gateway, symbolising departure, arrival, and displacement. This piece reflects on “emotional baggage” and “living from a suitcase,” addressing the shared trauma of refugees and rough sleepers.

#vintagesuitcase #contemporaryart #contemporarysculpture #contemporaryartist #conceptualart #conceptualartist #conceptualsculpture #roughsleepers #displacement #trauma #refugees #migration #seekingasylumisnotacrime #baggage #departure #arrival #emotionalbaggage #genocide #gaza #palestine #unsure #coasttocoast #border #shore #boundary #boundaries #boundarywaters #alarichobbs

Oral Argument in the Boundary Waters Litigation Scheduled for January

This clerk’s order was posted to the docket in Twin Metals v. US at 4PM on the Wednesday before Thanksgiving. I’d already gone offline by then, and didn’t see it until this morning.

Oral arguments are now scheduled for 9:30AM Eastern on Monday, 13 January, 2025, exactly one week before Inauguration Day. (Some post-election context and links to other posts about this case here.)

The clerk has not yet issued the separate order allocating time for arguments. Nor has the court said anything yet about the composition of the panel. That critical information will be posted on the court’s Oral Argument Calendar.* Arguments are ordinarily livestreamed on the court’s YouTube channel and audio recordings of proceedings are archived.

Oral Argument – Twin Metals v. US 241127Download

*Update, 18 December 2024. According to the court’s calendar, the three judge panel will consist of Judge Robert L. Wilkins, Judge Gregory G. Katsas, and Senior Judge Harry T. Edwards. I am not fond of characterizing judges as ideological creatures of the presidents who appointed them, but, for what it’s worth, Wilkins is an Obama appointee; Katsas was appointed by Trump; and Edwards was appointed by Jimmy Carter.

And a 17 December 24 entry in the docket indicates that Aileen M. McGrath, Appellate and Supreme Court Partner at Morrison Foerster, will appear on behalf of the appellee groups I am calling the Civil Society group.

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lvgaldieri · A Follow Up on Yesterday’s Filing in the Boundary Waters Litigation: Post-Election Context
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