Gold Miners Can't Crack Ore. Mining Regs At 9th Circ.

Law360 (September 13, 2018, 8:54 PM EDT) -- A split Ninth Circuit panel has upheld an Oregon statute prohibiting motorized mining methods in sensitive salmon habitats, which had been challenged by gold miners and mining groups, finding it is not preempted by federal law.

In a 2-1 decision on Wednesday, the Ninth Circuit rejected the miners' claim that the statute constitutes a state land use plan that illegally overlaps federal land. The law imposed a five-year moratorium, beginning in 2016, on the use of motorized mining equipment in rivers and streams — including those on federal land — containing "essential" salmon habitat.

The miners said the law runs afoul...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 9th Circuit

Nature of Suit

3950 Constitutionality of State Statutes

Date Filed

April 7, 2016

Law Firms


Government Agencies