ELR Citation: ELR 20043
No(s). 97-3861 (8th Cir. Sep 16, 1998)

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 miners' preemption claim against the county ordinance is ripe. The miners have shown a realistic danger of...