Wind River Mining Corporation v. United States of America Manuel Lujan, Jr. Delos Jacobson, Director of the Bureau of Land Management

We must determine the applicable statute of limitations, if any, for challenges to federal land classification decisions.

I

On March 30, 1979, the Bureau of Land Management (“BLM”) published in the Federal Register its decision establishing 138 Wilderness Study Areas (“WSAs”) on federal land located in California. These classifications were mandated by the Federal Land Policy and Management Act of 1976 (“FLPMA”). WSAs are “roadless areas of five thousand acres or more and roadless islands of the public lands” having certain wilderness characteristics. 43 U.S.C. § 1782 (a) (1988) (FLPMA § 603(a)).

Wind River Mining Corporation staked certain mining claims within one of those regions, “WSA 243,” over a several-month period stretching from 1982 to September 6, 1983. After Wind River failed to file a 1983 notice of intention to hold the claims, as required by 43 U.S.C. § 1744 (1988) (FLPMA § 314), the BLM informed Wind River that the claims were declared abandoned. See United States v. Locke, 471 U.S. 84 , 105 S.Ct. 1785 , 85 L.Ed.2d 64 (1985) (requiring strict adherence to rec-ordation requirements of FLPMA § 314). Wind River promptly relocated and refiled its claims in…

dissenting:

I agree with the majority that the six-year federal statute of limitations applies to suits challenging agency action. I further agree that the Penfold-Shiny Rock rule should not apply to claims for which an agency was wholly without statutory authority to promulgate a regulation. Because I do not think Wind River’s claim can be so characterized, I dissent.

The Bureau of Land Management (BLM) created the wilderness areas in question pursuant to the Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1782 (a). That statute authorized BLM to designate as wilderness areas “roadless areas of five thousand acres or more.” Wind River challenges the designation of the area in question as a wilderness area because it claims that the area was not “road-less.” While it is true that something called the Kelso Road bisects the wilderness area, the BLM classified Kelso as a deteriorated “way” and not a “road.”

Wind River contests this determination, claiming that it is inconsistent with the BLM Manual. Even if this claim is accepted at face value, it does not demonstrate an absence of statutory authority vested in BLM. Instead, it merely shows that BLM’s exercise of its…

946 F.2d 710 WIND RIVER MINING CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America; Manuel Lujan, Jr.; Delos Jacobson, Director of the Bureau of Land Management, Defendants-Appellees. No. 90-55731. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1991. * Decided Oct. 8, 1991. Kenneth Holland, Denton & Denton, Las Vegas, Nev., for plaintiff-appellant. Blake A. Watson, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before D.W. NELSON, O'SCANNLAIN and TROTT, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We must determine the applicable statute of limitations, if any, for challenges to federal land classification decisions. 2 * On March 30, 1979, the Bureau of Land Management ("BLM") published in the Federal Register its decision establishing 138 Wilderness Study Areas ("WSAs") on federal land located in California. These classifications were mandated by the Federal Land Policy and Management Act of 1976 ("FLPMA"). WSAs are "roadless areas of five thousand acres or more and roadless islands of the public lands"…