Foundation for North Am. Wild Sheep v. U.S.
681 F.2d 1172 (9th Cir. 1982) Cited 144 timesHolding that criticism from conservationists, biologists, two state agencies, and "other knowledgeable individuals" represented "precisely the type of ‘controversial’ action for which an EIS must be prepared"
State v. U.S. Department of Agriculture
570 F. Supp. 2d 1309 (D. Wyo. 2008) Cited 13 timesFinding causation where the agency's "failure to consider certain environmental impacts . . . increased the risk of injury to [the environment] because the [agency] was proceeding on an uninformed basis"
Parker v. United States
448 F.2d 793 (10th Cir. 1971) Cited 36 timesIn Parker, the Tenth Circuit upheld an injunction prohibiting the Forest Service from performing a contract to harvest timber in a wilderness study area.
Parker v. United States
309 F. Supp. 593 (D. Colo. 1970) Cited 15 timesEnjoining proposed timber sale in area bordering primitive area on grounds that border area contained most characteristics of primitive area, notwithstanding presence of "substantially unnoticeable" access road
United States v. 9,947.71 Acres of Land, Etc.
220 F. Supp. 328 (D. Nev. 1963) Cited 15 timesHolding that owners of valid mining claims, including Anniversary Mines, had a compensable property interest in a road constructed over public domain to provide access to claims, and as such, they were entitled to just compensation when it was taken through eminent domain
Section 1131 - National Wilderness Preservation System
16 U.S.C. § 1131 Cited 251 timesRecognizing agency's power to regulate wilderness area as the agency had been empowered prior to the designation as a wilderness area
Section 22 - Lands open to purchase by citizens
30 U.S.C. § 22 Cited 236 timesExcept as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and
Section 612 - Unpatented mining claims
30 U.S.C. § 612 Cited 81 timesSubjecting mining claims to certain restrictions
Section 478 - Egress or ingress of actual settlers; prospecting
16 U.S.C. § 478 Cited 76 timesAcknowledging the Secretary of Agriculture's authority under 16 U.S.C. § 551, and other provisions, to prescribe rules and regulations to prevent "depredations upon the public forests and national forests" but noting such authorization "shall not be construed as prohibiting any person . . . from entering upon such national forests for all proper and lawful purposes, including that of prospecting, locating, and developing the mineral resources thereof"
Section 1134 - State and private lands within wilderness areas
16 U.S.C. § 1134 Cited 11 times(a) Access; exchange of lands; mineral interests restriction In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas designated by this chapter as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State-owned or privately owned land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for
Section 615 - Limitation of existing rights
30 U.S.C. § 615 Cited 3 timesNothing in this subchapter and sections 601 and 603 of this title shall be construed in any manner to limit or restrict or to authorize the limitation or restriction of any existing rights of any claimant under any valid mining claim heretofore located, except as such rights may be limited or restricted as a result of a proceeding pursuant to section 613 of this title, or as a result of a waiver and relinquishment pursuant to section 614 of this title; and nothing in this subchapter and sections
Section 228.4 - Plan of operations-notice of intent-requirements
36 C.F.R. § 228.4 Cited 59 times 1 Legal AnalysesRequiring plan of operations to the Forest Service
Section 261.1 - Scope
36 C.F.R. § 261.1 Cited 30 timesAnnouncing intent to omit a mens rea requirement
Section 261.13 - Motor vehicle use
36 C.F.R. § 261.13 Cited 28 timesAfter National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that
Section 212.51 - Designation of roads, trails, and areas
36 C.F.R. § 212.51 Cited 20 times(a)General. Motor vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, provided that the following vehicles and uses are exempted from these designations: (1) Aircraft; (2) Watercraft; (3) Over-snow vehicles (see § 212.81 ); (4) Limited administrative use
Section 228.12 - Access
36 C.F.R. § 228.12 Cited 5 timesAn operator is entitled to access in connection with operations, but no road, trail, bridge, landing area for aircraft, or the like, shall be constructed or improved, nor shall any other means of access, including but not limited to off-road vehicles, be used until the operator has received approval of an operating plan in writing from the authorized officer when required by § 228.4(a) . Proposals for construction, improvement or use of such access as part of a plan of operations shall include a