ELR Citation: ELR 20196
No(s). 5-69 Civ. 70 (D. Minn. Jan 5, 1973)

An injunction is granted against any mining activity in the Boundary Waters Canoe Area (BWCA) of Minnesota. The court holds that: (1) Congress has the power to forbid all mineral activities in national forest wilderness areas if the regulation is reasonable; and (2) the inconsistency in the 1964 Wilderness Act between preserving wilderness and allowing mining activities must be resolved in the specific case of the BWCA in favor of preserving the wilderness; and (3) the Department of Agriculture is barred from permitting any mineral exploration in the BWCA.

Counsel for the Plaintiff
Raymond A. Haik
Popham, Haik, Schnobrich, Kaufman & Doty
900 Farmers and Mechanics Bank Building
Minneapolis, MN 55402

Counsel for the Defendants George W. St. Clair and Thomas Yawkey
Willaim P. O'Brien
Sullivan, Hanft, Hastings, Fride & O'Brien
1200 Alworth Building
Duluth, MN 55802

Counsel for the Federal Defendants
Robert G. Renner U.S. Attorney
596 U.S. Courthouse
Minneapolis, MN 55401

Counsel for the State of Minnesota
Philip Olfelt
371 Centennial Building
St. Paul, MN 55101