United States, and State of Idaho, Department of Lands, Intervenor v. E. B. Weiss, James Click, Sr., Orral W. Lake, H. G. King and Orson Baier
Opinion
Opinion
Anderson, J.
Appellants contend that the district court erred in granting summary judgment to the United States and in enjoining them from conducting any mining activity which could result in the disturbance of surfáce resources until they had complied with regulations under 36 CFR 252. We affirm the judgment of the district court.
BACKGROUND
The appellants are owners of unpatented placer mining claims located within the St. Joe National Forest in Idaho. They were informed by the Forest Service that regulations had been promulgated which required that they file an operating plan for their mining operations. While the appellants had been in contact with the Forest Service regarding their operations, they had not signed and filed a final plan of operations nor had they submitted a bond which the Forest Service required pursuant to the regulations.
The United States filed a complaint in district court to enjoin the appellants until an approved plan of operations had been filed, and a $2,000 bond was posted. Finding no genuine issue of material fact, the district court granted summary judgment to the United States and enjoined the appellants as requested.