ELR Citation: ELR 20102
No(s). s. 06-35332 et al (9th Cir. May 7, 2009)

The Ninth Circuit upheld the U.S. Forest Service's interpretation of a mining-related directive contained in its Northwest Forest Plan as it pertains to small mining operations in riparian reserves. A regulation at 36 C.F.R. §228.4(a) confers discretionary authority on district rangers to determine whether mining activity will result in significant disturbance to surface resources and therefore require a plan of operations. The directive, meanwhile, directs the district ranger to require a plan of operations for all mining activity within riparian reserves. Unlike §228.4(a), which draws a distinction between mining operations that require only a notice of intent and those that require a more comprehensive plan of operations, the directive draws no such distinction for operations within riparian reserves. To resolve this conflict, the Forest Service interpreted the directive to impose the same threshold standard for a plan of operations as §228.4(a). The Forest Service then began to allow miners to undertake suction-dredge mining operations in riparian reserves within the Siskiyou National Forest upon the filing of a notice of intent, without requiring the submission or approval of a plan of operations. Environmental groups and others filed suit shortly thereafter. The court, however, deferred to the Forest Service's interpretation. The directive is susceptible to several reasonable interpretations, and the Forest Service's narrow interpretation of the directive is reasonable and consistent with Congress' long-recognized interest in the development of mineral resources.