The National Forest are open under the 1872 Mining Law unless withdrawn. 30 U.S.C. §§ 21a, 22, 29. The National Forests are also to be managed for multiple use and sustainable yield.

The Mining and Minerals Policy Act of 1970 proclaimed that “it is the continuing policy of the Federal Government in the national interest to foster and encourage . . . economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satis- faction of industrial, security and environmental needs.” 30 U.S.C. § 21a.  The Coastal Zone Management Act of 1972 explained that “expanded energy activity” would fur- ther the “national objective of attaining a greater degree of energy self-sufficiency.”

.7 These comprehensive regulatory regimes are supplemented by an array of more specific stat- utes designed to promote fossil fuel production in certain locations and contexts. See, e.g., Mining and Minerals Policy Act, 30 U.S.C. § 21a (“The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage . . . economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfac- tion of industrial, security and environmental needs[.]”); Coastal Zone Management Act, 16 U.S.C. § 1451(j) (explaining that “expanded energy activity” would further the “national objective of attain- ing a greater degree of energy self-sufficiency”); Federal Lands Policy Management Act, 43 U.S.C. 7 There are also numerous provisions in the Clean Air Act that authorize (and, in some instances, re- quire) EPA regulation of the sale of fossil fuels.

Moreover, the federal government actively participates in promoting fossil fuel exploration and use through its regulatory, taxing, and purchasing powers. For example, as noted above, several 13 A non-exhaustive list of federal laws calling for this balancing include: Clean Air Act, 42 U.S.C. § 7401(c) (intent “to encourage or otherwise promote reasonable . . . governmental actions . . . for pollution prevention”); Mining and Minerals Policy Act, 30 U.S.C. § 21a (intent to encourage “eco- nomic development of domestic mineral resources” including oil and gas balanced with “environ- mental needs”); Coastal Zone Management Act, 16 U.S.C. § 1451 (balancing “[t]he national objec- tive of attaining a greater degree of energy self-sufficiency” with “[i]mportant ecological . . . values in the coastal zone”); Federal Lands Policy Management Act, 43 U.S.C. § 1701(a) (requiring “the public lands be managed in a manner which recognizes the Nation’s need for domestic sources of minerals” including oil and gas while “protect[ing] the quality of . . . ecological, environmental, air and atmospheric, water resource, and archeological values”); Surface Mining Control and Reclama- tion Act, 30 U.S.C. § 1201 (finding that coal mining is “essential to the national interest” but must be balanced by “effort[s] . . . to prevent or mitigate adverse environmental effects”); National Environ- mental Policy Act, 42 U.S.C. §§ 4321–70 (requiring disclosure and evalu

Moreover, the federal government actively participates in promoting fossil fuel exploration and use through its regulatory, taxing, and purchasing powers. For example, as noted above, several 13 A non-exhaustive list of federal laws calling for this balancing include: Clean Air Act, 42 U.S.C. § 7401(c) (intent “to encourage or otherwise promote reasonable . . . governmental actions . . . for pollution prevention”); Mining and Minerals Policy Act, 30 U.S.C. § 21a (intent to encourage “eco- nomic development of domestic mineral resources” including oil and gas balanced with “environ- mental needs”); Coastal Zone Management Act, 16 U.S.C. § 1451 (balancing “[t]he national objec- tive of attaining a greater degree of energy self-sufficiency” with “[i]mportant ecological . . . values in the coastal zone”); Federal Lands Policy Management Act, 43 U.S.C. § 1701(a) (requiring “the public lands be managed in a manner which recognizes the Nation’s need for domestic sources of minerals” including oil and gas while “protect[ing] the quality of . . . ecological, environmental, air and atmospheric, water resource, and archeological values”); Surface Mining Control and Reclama- tion Act, 30 U.S.C. § 1201 (finding that coal mining is “essential to the national interest” but must be balanced by “effort[s] . . . to prevent or mitigate adverse environmental effects”); National Environ- mental Policy Act, 42 U.S.C. §§ 4321–70 (requiring disclosure and evalu

The Mining Act of 1872, 30 U.S.C. §§ 22-54, is still the basic law governing mining activities, as modified by ensuing statutes and as applied through Forest Service rules and regulations. 16 U.S.C. §478; 30 U.S.C. § 21a; 36 C.F.R. § 228, et seq. The Act provides owners of a mine or mill site claim with a statutory right to enter National Forest lands to search for minerals, while the regulations “minimize adverse environmental impacts on National Forest System surface resources.”

It argues that federal preemption of a state environmental regulation should not turn on thecost to an individual! miner: Bohmker v.State, --- F.Supp.3d ---- (2016) Congress did not intend topreempt all state laws that might raise the cost of extraction.If additional expenses are imposed by a State's legitimate attempt to “help assure satisfaction... of environmental needs,” 30 U.S.C. § 21a, in a manner that does not make all mining impossible, that state law does not directly conflict with the federal Mining Law. TheState's prohibition on suction dredging may have made mining considerably more difficult for Rinehart, and mayre suit in Rinehart determining that the deposit in his mining claim “no longerjustifie[s] ... the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine.” Chrisman v. Miller, 197 U.S. 313, 322, 25 S.Ct. 468, 49 L.Ed. 770 (1905).

Quaterra's injuries to its unpatented mining claims fall within the zone of FLPMA's interest. 43 U.S.C. §§1701(a)(12) (manage public lands to implement the Mining and Minerals Policy Act of 1970, 30 U.S.C. §21a); 1712(c)(1) (mineral development is one of five major multiple uses). See Am. Motorcyclist Ass'n v. Watt., 534 F. Supp. at 932 (D. Cal.

Clouser v. Espy, supra, 42 F.3d at 1535. The right of miners to access and utilize their Federal mining claims is explicitly recognized by a variety of statutes, including 30 U.S.C. § 21a; 30 U.S.C. §§ 22-54; 30 U.S.C. §§ 612 and 615; 16 U.S.C. § 1134(b); and 3 U.S.C. §§ 1701 and 1732(b). Defendants go to considerable lengths to compare the Federally guaranteed mining rights of miners holding valid Federal mining claim to the regulatory authority of the various United States agencies.

• Claim V: Plaintiffs seek to enforce: (1) the “harmonious and coordinated management” objectives of the Multiple Use Sustained Yield Act (“MUSYA”), Complaint at ¶145; (2) “the active management contemplated and mandated by MUSYA and NFMA [National Forest Management Act],” Complaint at ¶147; and (3) the broad mandate of MUSYA to give “due consideration . . . to the relative values of the various resources in particular areas.” Complaint at ¶148, quoting 16 U.S.C. § 529. • Claim VI: Plaintiffs seek to compel implementation of the unspecified “purpose” of the Multiple Surface Use Act, 30 U.S.C. §§ 612-615. Complaint at ¶155. • Claim VII: Plaintiffs seek to compel implementation of the broad directive under the Federal Land Policy and Management Act (“FLPMA”) that the “public lands be managed in a manner which recognizes the Nation’s need for domestic sources of minerals and other resources.” Complaint at ¶160. • Claim XI: Plaintiffs seek to enforce the broad language of 30 U.S.C. § 21a (“The Congress declares that it is the continuing policy of the Federal Government in the national interest to foster and encourage private enterprise in (1) the development of economically sound and stable domestic mining, minerals, metal and mineral reclamation industries, (2) the orderly and economic development of domestic mineral resources, reserves, and reclamation of metals and minerals to help assure satisfaction of industrial, security and environmental needs, (3) mining, mineral, and metallurgical research, including the use and recycling of scrap to promote the wise and efficient use of our natural and reclaimable mineral resources, and (4) the study and development of methods for the disposal, control, and reclamation of mineral waste products, and the reclamation of mined land, so as to lessen any adverse impact of mineral extraction and processing upon the physical environment that may result from mining or mineral activities.”). Complaint at ¶¶183-84. • Claim XIV: Plai