Desfosses

United States v. Desfosses

Good Law
258 F. App'x 133
United States Court of Appeals for the Ninth CircuitDecember 6, 2007No. 06-35903California270 words

Opinion

Lead Opinion

*134 MEMORANDUM **

The United States brought this action against Paul J. DesFosses, alleging that his mining activities on national forest service land exceeded any authorized plan of operations. The court granted summary judgment and enjoined DesFosses’s activities. We affirm.

The Forest Service is authorized to “impose numerous requirements on anyone running a mining operation in the National Forests.” United States v. Shumway, 199 F.3d 1093, 1107 (9th Cir.1999). Specifically, the Forest Service may “regulate mining operations in national forests by requiring miners to submit ... operating plans.... ” Clouser v. Espy, 42 F.3d 1522, 1530 (9th Cir.1994). Such plans describe “the type of operations proposed and the manner conducted” and are intended to permit the Forest Service to minimize “disturbance of surface resources.” Shumway, 199 F.3d at 1107 . “The Forest Sendee may also require a mine or mill site operator to furnish a bond to secure compliance with the plan” and to adjust the bond periodically “when the plan of operations changes.” Id.

DesFosses contends he paid the requisite bonds and complied with his plans of operations. The record is replete, however, with…

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