Baker v. United States

613 F.2d 224 10 Envtl. L. Rep. 20 ,264 Melton E. BAKER, Plaintiff-Appellant, v. UNITED STATES of America; Cecil D. Andrus, Individually and as Secretary of the Interior; Stanley Grunewald, Individually and as District Ranger of the Forest Service of the United States, Department of Agriculture, Defendants-Appellees. No. 77-2783. United States Court of Appeals, Ninth Circuit. Feb. 11, 1980. Robert J. Cruse, Phoenix, Ariz., for plaintiff-appellant. Raymond N. Zagone, Washington, D. C., argued for defendants-appellees; Michael A. Johns, Asst. U. S. Atty., Phoenix, Ariz., James W. Moorman, Washington, D. C., on the brief. Appeal from the United States District Court for the District of Arizona. Before SNEED and ANDERSON, Circuit Judges, and PORT, * District judge. J. BLAINE ANDERSON, Circuit Judge: 1 This court is called upon to review an administrative extension of the marketability test which is used for proving the validity of mining claims. This extension adds a new element, that is, the claimant must now prove that he or she has not claimed "too much" of the mineral in question. After a thorough review of the mining laws, we conclude that there is no basis to support the Too much…