ELR Citation: ELR 20282
No(s). Civ. 70-942-T (D. Md. May 14, 1971)

Venue in the U.S. District Court (D. Md.) does not lie for an action to enjoin the Secretary of Agriculture from permitting road construction, prospecting or mining in the Challis National Forest by a corporation which owns mineral rights within the forest. The suit is against the Secretary in his official capacity, and his official residence is the District of Columbia. Citizens and conservation organizations have standing to challenge the constitutionality of the Mining Law of 1872 and defendant mining corporation's right under that statute to mine in the forest. The claim that the Mining Act of 1872 is unconstitutional is dismissed as insubstantial. Disposition by Congress of minerals in public lands is authorized by U.S. Const. art. IV, §3, C1.2.

Counsel for Plaintiffs:
Leonard J. Kerpelman
Equitable Bldg.
Baltimore, MD
(301) 727-8700

Counsel for Federal Defendants:
George Beal U.S. Attorney
J. Frederick Motz Asst. U.S. Attorney
Post Office & Courthouse Bldg.
Baltimore, MD
(301) 962-4831

Frederick L. Miller, Jr. Attorney
Department of Justice
Washington, DC
(202) 737-8200

Counsel for American Smelting and Refining Co.:
Lewis A. Noonberg
Piper & Marbury
First National Bank Bldg.
Baltimore, MD
(301) 539-2530

Daniel M. Gibbon
Richard B. Herzog
Covington & Burling
888 16th Street, NW
Washington, DC
(202) 293-3300