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Mining Law of 1872

Bohmker v. Oregon

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 essential salmon habitat. The association...

People v. Rinehart

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 individual challenged his conviction for the...

Bohmker v. Oregon

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 to protect water quality and fish...

Suction Dredge Mining Cases

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 & Game Code §5653, the use of any...

Oil-Dri Corp. of Nev. v. Washoe County

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 produce cat litter on private land nearby. The...

South Dakota Mining Ass'n v. Lawrence County

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...