Case Law

Clean Water Act

  • Incidental Fallback CWA

  • Frobel vs. Meyer (Indigenous sediment is not a pollutant under the CWA


    • Federal Preemption

  • People vs. Rinehart (Federal Preemption of Mining law over State Law)

  • Ochoa Ruling (Federal Preemption of Mining law over State Law)

  • Brubaker vs County (Federal Preemption of Mining law over State Law)

  • South Dakota Mining Association vs. Lawrence County


    • Unlawful Material Interferences with Mining

  • US vs. Lex (Unlawful federal regulatory interference)

  • Shoemaker Case Material Interference (Material interference defined)


    • Federal Authority on Mining

  • Karuk vs. Forest Service (9th Circuit stands rule of law on its head re: Mining & NEPA/ESA)

  • Edgar vs. Forest Service (Bivens action by miner against District Ranger)

  • Best vs. Humboldt Placer Mining Co. Transfer Act (DOI has complete authority over the care of federal mineral lands


    • Mining Districts Legal Authority

  • Del Monte Mining vs. Last Chance


    • Congressional/Committee Cases

  • Holcomb Valley Mining District