United States v. Rory Doremus and David Doremus
Opinion
Opinion
Poole, J.
Appellants Rory and David Doremus were convicted of violating United States Forest Service regulations which prohibit “[djamaging any natural feature or other property of the United States” ( 36 C.F.R. § 261.9 (a) (1987)) and “[vjiolating any term or condition of ... [an] approved operating plan” ( 36 C.F.R. § 261.10 (k) (1987)). On appeal, appellants contend that their activity was permissible as “reasonably incident” to their mining operation (see 30 U.S.C. § 612 (1982)) and that the regulations are unconstitutionally vague. We affirm.
FACTS AND PROCEEDINGS BELOW
Appellants are brothers who have staked mining claims in the Red River Ranger District of the Nez Perce National Forest in central Idaho. Since 1972, appellants have conducted mining operations on these claims under operating plans approved by the Forest Service.
On May 13, 1985, the operating plan at issue was executed by Rory Doremus and Jerry Dombrovske, District Ranger for the Red River Ranger District. Paragraph IV of the plan provides that “[t]he area of exploration will be concentrated to the elear cut,” and that “[n]o more than five trenches will be open at one time.” The magistrate found that the latter…