ELR Citation: ELR 20556
No(s). 73-1407 (8th Cir. May 17, 1974)

The Eighth Circuit Court of Appeals holds that the doctrine of primary jurisdiction requires the reversal and remand of a district court ruling that the Wilderness Act prohibits the exercise of private mineral rights within the Boundary Waters Canoe Area (BWCA) of the Superior National Forest. The lower court decision. which enjoined both the private owner and the U.S. Forest Service from taking further action toward mineral exploration, was made without the benefit of a final administrative determination by the Forest Service as to whether a permit should be issued for exploratory mining operations. Factual questions regarding the effect of mining activity on the wilderness are peculiarly within the competence of the Forest Service, and the court should give the agency the opportunity to compile a record on these points through the permit process. The court expresses no opinion as to the correctness of the lower court's decision on issues other than the applicability of primary jurisdiction, and directs the district court to either stay this suit pending completion of Forest Service action or dismiss it without prejudice to the institution of any later suit.

Counsel for Plaintiff
Raymond A. Haik
Popham, Haik, Schnobrich, Kaufman & Doty
4344 IDS Center
Minneapolis, MN 55402

Counsel for Private Defendant
William P. O'Brien
Hanft, Fride, O'Brien & Harries
1200 Alworth Building
Duluth, MN 55802

Counsel for Federal Defendants
Eva Datz
Department of Justice
Washington, DC 20530

Counsel for State Defendants
Philip J. Olfelt Asst. Attorney General
State Capitol
St. Paul, MN 55103