ELR Citation: ELR 20919
No(s). 84-2146 (9th Cir. Aug 14, 1985)

The court rules that California's mining permit requirement under its Coastal Zone Management Act (CZMA) program is preempted in national forests by the Mining Law of 1872 and Forest Service regulations. The court first rules that the CZMA does not neutralize the effect of other federal laws on land within the coastal zone. Legislative history demonstrates Congress' intent not to restore statute authority within the coastal zone if a federal act otherwise preempts it over a specific subject matter.

The court next holds that the Mining Act and Forest Service regulations do preempt the state permit requirement. The Forest Service regulations require that the authority to prohibit mining in national forests for failure to follow environmental requirements lies with the Forest Service. Although the Mining Act and these regulations do not occupy the complete field of establishing environmental standards, an independent state permit system would undermine the Forest Service's permit authority and thus is preempted.

[The lower court opinion appears at 14 ELR 20911.]

Counsel for Appellant
Barbara R. Banke, Jess S. Jackson
Jackson, Jacobsen & Banke
Suite 445, 50 Francisco St., San Francisco CA 94133
(415) 392-2424

Burton J. Goldstein
Goldstein, Barceloux & Goldstein
Hartford Bldg., 650 California St., San Francisco CA 94108
(415) 433-3000

Counsel for Appellee
John K. Van de Kamp, Attorney General
Department of Justice
Room 6000, 350 McAllister St., San Francisco CA 94102
(415) 557-2544

F. Henry Habicht II
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2701

Before WALLACE and POOLE, Circuit Judges, and STEPHENS,^* District Judge.