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...
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