Red Top Mercury Mines, Inc. v. United States
Opinion
Opinion
ORDER
For the reasons stated in the order of the district court entered on September 19, 1988, in the District of Alaska, we affirm the district court’s dismissal of this case.
We adopt the district court’s eighteen-page analysis as appended, finding it dispositive of all issues on appeal.
AFFIRMED.
APPENDIX
Plaintiff, Red Top Mercury Mines, Inc., brings this action pursuant to 28 U.S.C. § 1331 and 5 U.S.C. §§ 701-706 seeking judicial review of the decisions of the Department of the Interior as rendered by the Interior Board of Land Appeals (“IBLA”) in Red Top Mercury Mines, Inc., 96 I.B.L.A. 391 (Apr. 14, 1987). At issue are six unpatented mining claims which the Department of the Interior, Bureau of Land Management (BLM), declared were abandoned by operation of 43 U.S.C. § 1744 (a).
The general mining laws of the United States, 30 U.S.C. § 22 , et seq., and the practice thereunder were described by the United States Supreme Court in United States v. Locke, 471 U.S. 84, 86-90 , 105 S.Ct. 1785, 1788-90 , 85 L.Ed.2d 64 (1985). See also Best v. Humboldt Mining Co., 371 U.S. 334, 335-36 , 83 S.Ct. 379, 381-82 , 9 L.Ed.2d 350 (1963); 1 Rocky Mountain Mineral Law Institute,…