ELR Citation: ELR 20103
No(s). C-1863 (D. Colo. Jan 14, 1971)

Core drilling, road building and excavation on limestone mining claims in Pike National Forest preliminarily enjoined because irreparable injury would result to scenic characteristics of area which Forest Service seeks to protect in Bureau of Land Management administrative proceedings that contest the validity of the mining claims and request withdrawal of the public lands for recreational and scenic purposes. Forest Service required to demonstrate its chances for success on the merits. The public's interest in preventing needless defilement of forest lands warrants maintenance of status quo pending determination of the claims' validity. Adjudication of the validity and effect of the Forest Service's request that the lands be withdrawn is barred by sovereign immunity and by the parties' failure to exhaust administrative remedies.

Counsel for United States:
James L. Treece
U.S. Attorney
Leonard W.D. Campbell, Assistant U.S. Attorney
Department of Justice
U.S. Courthouse
Denver, CO 80202
(303) 837-4184

Counsel for Defendants:
R. Lauren Moran
Lohf and Barnhill
First National Bank Building
621 17th Street
Denver, CO 80202
(303) 623-5224