United States v. Rory Doremus and David Doremus

Good Law
888 F.2d 630·1989 WL 128505·20 Envtl. L. Rep. (Envtl. Law Inst.) 20316·1989 U.S. App. LEXIS 16275
United States Court of Appeals for the Ninth CircuitOctober 31, 198987-3831California3,272 words

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…

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