ELR Citation: ELR 20316
No(s). 87-3831 (9th Cir. Oct 31, 1989)

The court affirms the conviction of mining claimants under United States Forest Service regulations for violating their operating plan and damaging federal property by cutting down trees. The court first rules that Forest Service regulations prohibiting certain activities on national forest lands are applicable to mining claims. The court then upholds regulations requiring that mining claimants file a notice of intent to operate and obtain approval of an operating plan. Where an operating plan does not explicitly allow trees to be cut, the court holds that the Forest Service regulation requiring mining claimants to obtain prior approval before cutting is consistent with mining laws. The court also rules that the Forest Service regulation prohibiting violations of approved operating plans is not unconstitutionally vague. In addition, the court rules that the Forest Service regulation prohibiting damage to federal property is not unconstitutionally vague.

Counsel for Plaintiff-Appellee
Jeffrey Ring
U.S. Courthouse, Box 040, 550 West Fort St., Boise ID 83724
(208) 334-1211

Counsel for Defendants-Appellants
Barry Marcus
Marcus, Merrick & Montgomery
Marcus Bldg., 737 N. Seventh St., Boise ID 83702-5595
(208) 342-3563