Granite Rock Company, a Corporation v. California Coastal Commission, an Administrative Agency of the State of California

Bad Law
768 F.2d 1077·15 Envtl. L. Rep. (Envtl. Law Inst.) 20919·23 ERC (BNA) 1075·23 ERC 1075·1985 U.S. App. LEXIS 21746
United States Court of Appeals for the Ninth CircuitAugust 14, 198584-2146California2,933 words

Opinion

Opinion

Wallace, J.

Granite Rock Company (Granite Rock) appeals the district court’s refusal to enjoin the California Coastal Commission (Coastal Commission) from requiring Granite Rock to obtain a state permit in order to continue mining on federally owned forest land. Granite Rock Co. v. California Coastal Commission; 590 F.Supp. 1361 (N.D.Cal.1984) (Granite Rock). We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

I

Granite Rock is engaged in the business of mining chemical grade white limestone. Its mining operations involved in this appeal are located on an unpatented mining claim on land owned by the federal government in the Los Padres National Forest at Pico Blanco. Granite Rock acquired the mining claim at Pico Blanco in 1959 pursuant to the Act of May 10, 1872, ch. 152, 17 Stat. 91 (codified as amended in scattered sections of 30 U.S.C.) (Mining Act). It began mining the claim in 1981 after the United States Forest Service (Forest Service) approved its five-year plan of operations, which it had submitted as required for significant mining activities pursuant to regulations implemented under the Act of June 4, 1897, ch. 2, 30 Stat. 11 , 35 (codified as amended in scattered sections…

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