Mining Law of 1872

The Ninth Circuit, 2-1, affirmed a district court ruling that the Forest Service acted arbitrarily and capriciously in approving a mining operations plan for a copper mine in the Santa Rita…

A district court denied environmental groups' motion for summary judgment in a challenge to two mining-related rules issued by BLM. The groups argued that the 2008 Mining Claim Rule violated…

A district court vacated the the U.S. Forest Service's approval of an open-pit copper mining operation in the Coronado National Forest that included the dumping of approximately 1.9 billion…

The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an Oregon law that prohibits the use of motorized mining equipment in rivers and streams containing…

The Supreme Court of California held that the state's moratorium on the use of suction dredges to mine gold from rivers was not preempted by federal mining law. The case arose after an…

A district court dismissed a lawsuit brought by individual miners and various mining groups, associations, and businesses challenging an Oregon law that temporarily bans instream motorized mining…

A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish…

A Nevada court upheld a county decision denying a company's request for a special use permit to mine clay from two open pits on federal land north of Reno, Nevada, and to build a plant to…

The court holds that the Federal Mining Act of 1872 preempts a local zoning ordinance that bans surface metal mining within the Spearfish Canyon area of South Dakota. The court first holds that…