Appeals Court Hands Atna Another Setback

Law360, New York (April 23, 2008, 12:00 AM EDT) -- A federal appeals court panel has affirmed the dismissal of Atna Resources Ltd.'s claim that it should be compensated for a Montana ban on open-pit cyanide leach mining that allegedly cost it tens of millions of dollars.

The U.S. Court of Appeals for the Ninth Circuit ruled Monday that the Eleventh Amendment barred reverse condemnation actions brought in federal court against state officials in their official capacities.

Atna, which is looking to mine gold, silver and other minerals along the Blackfoot River as part of its...
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