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United States v. Weiss

United States Court of Appeals for the Ninth Circuit

642 F.2d 296 (1981)

Relevant factsFree

E.B. Weiss and other owners of unpatented mining claims (defendants) mined within Idaho's St. Joe National Forest without complying with federal regulations requiring an approved operating plan, regulations promulgated under the Organic Administration Act of 1897 (OAA). The government (plaintiff) sued to compel compliance, and the district court granted summary judgment for the government. The owners appealed, arguing the OAA did not give the Secretary of Agriculture adequate statutory authority to regulate mining specifically.

IssueFree

Whether the Organic Administration Act authorizes the federal government to promulgate reasonable rules and regulations to govern mining operations in national forests.

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