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2013 Mining and Public Land Law Update

Matt Bingham, Proceedings of 59th Annual Rocky Mountain Mineral Law Institute (2013)

This chapter summarizes federal and state material from judicial, legislative, and administrative developments in mining and related public land law during the second half of 2012 and the first half of 2013.
§ 14.02 Judicial
[1] Federal Court Decisions
[a] Wyoming v. U.S. Department of Agriculture1
Wyoming's challenge to the U.S. Forest Services (Forest Service) 2001 Roadless Area Conservation Rule (Roadless Rule)2 finally ended in October 2012 when the U.S. Supreme Court declined to review the U.S. Court of Appeals for the Tenth Circuits decision upholding the rule. …
[b] Public Lands for the People, Inc. v. U.S. Department of Agriculture12
This case involved a lawsuit by a group of miners and prospectors over a Forest Service rule that severely restricts the use of motorized vehicles in California's Eldorado National Forest. …
[c] Karuk Tribe of California v. U.S. Forest Service18
In this case, the Ninth Circuit held that the Forest Service cannot approve NOIs for mining activities in a critical habitat of a listed species without consultation with the appropriate federal wildlife agency under section 7 of the Endangered Species Act (ESA).19 …
[d] American Independence Mines & Minerals Co. v. U.S. Department of Agriculture29
This case involves the question of whether parties can contest NEPA actions based purely on economic interests.