Siskiyou Regional Education Project v. United States Forest Service

Siskiyou Regional Education Project (“SREP”) and intervenor miners Robert Barton (“Barton”) and Gerald Hobbs (“Hobbs”) appeal the district court’s rulings in favor of the United States Forest Service (“Forest Service”) on claims brought in connection with the Forest Service’s interpretation of Mineral Management Standard and Guideline MM-1 (“MM-1”), a mining-related directive contained in the Forest Service’s Northwest Forest Plan (“NFP”).

The NFP provides that Standards and Guidelines do not apply when contrary to existing law or regulation. Although 36 C.F.R. § 228.4 (a) (2002), a Forest Service mining regulation, was in force when MM-1 was adopted, MM-1 and § 228.4(a) conflict in the extent of regulatory oversight of small mining operations in riparian reserves. Specifically, § 228.4(a) confers discretionary authority on district rangers to determine whether mining activity will result in significant disturbance to surface resources and therefore require a plan of operations. MM-1 appears to conflict with § 228.4(a) because it directs the district ranger to require a plan of operations for all mining activity within riparian re serves. To resolve this apparent…