Senate Republicans Use Rare Law to Open Minnesota's Boundary Waters to Mining

Senate Republicans Overturn Boundary Waters Mining Moratorium

Minnesota’s Boundary Waters, a vast wilderness spanning over a million acres of untouched forest and thousands of lakes and streams along the Canadian border, is one of the nation’s most prized outdoor recreation destinations. Accessible primarily by canoe, the area is an ecological treasure. On Thursday, Senate Republicans voted 50-49 to open the region to mining by repealing a 20-year moratorium using the Congressional Review Act (CRA).

How the Congressional Review Act Works

The CRA, designed in the 1990s by then-House Speaker Newt Gingrich, allows Congress to overturn regulatory rules with a simple majority vote instead of the usual two-thirds requirement. Critics argue this bypasses thorough debate and public input, enabling rapid dismantling of regulations based on years of research.

"It allows Congress to basically do a thumbs up or a thumbs down, where otherwise a filibuster would apply."

Expansion and Weaponization of the CRA Under Trump

Originally used only once during the Bush administration’s first 20 years, the CRA has been dramatically expanded under President Trump and Republicans. In 2017, the Trump administration invalidated 17 Obama-era rules. By 2025 alone, Trump signed 22 CRA repeals.

The CRA grants Congress a 60-day window to overturn a rule after its passage. However, the Boundary Waters protections were established over three years ago during the Biden administration—not as a rule, but as a Public Land Order. This legal nuance places the Senate and administration in uncharted territory, according to Blaine Miller-McFeeley, a senior legislative representative at Earthjustice.

"We are not done fighting, and there are a lot of open questions because this is such uncharted territory."

Dangerous Precedent for Land Management

Environmental advocates warn that if this resolution stands, it could set a precedent allowing political interference in all land management decisions. Already, Senator Mike Lee of Utah has proposed a CRA resolution to eliminate the resource management plan for the Grand Staircase-Escalante National Monument.

"All of these place-based attacks are occurring concurrently with talk on permitting reform," Schlenker-Goodrich noted.

NEPA and the Future of Environmental Protections

The National Environmental Policy Act (NEPA), signed by President Richard Nixon in 1970, requires federal agencies to assess environmental impacts before approving large-scale development projects. While NEPA has been a critical tool for environmentalists—helping halt or delay major industrial projects—it has also faced criticism for slowing renewable energy deployments and grid updates.

Reforming NEPA has gained bipartisan support in Congress. However, when combined with the CRA’s expanded use, environmentalists fear protected areas nationwide could face grave danger, Schlenker-Goodrich warned.