Freeman v. United States

Freeman's company, RNR located eight mining claims on public lands of the Rogue River Siskiyou National Forest. In 2011, RNR filed a plan of operations with the U.S. Forest Service for commercial mining of ore that “contains commercially recoverable amounts of nickel, chromium[,] and iron” from two deposits over the course of 30 years. RNR proposed the construction of nearly eight miles of new roads, excavation of a pit for water storage, construction of two crossings over a creek, and creation of a processing facility on a 20-acre site, to be located on lands managed by the U.S. Department of the Interior’s Bureau of Land Management (BLM). Officials concluded that the BLM office had not received a complete plan of operation and requested a proposal for bulk sampling and construction of a pilot-prototype plant. Officials repeatedly asserted they would not process the pending plan without more specific information and a pilot-prototype. RNR did not respond to those requests, but sued, alleging a regulatory taking. The Federal Circuit affirmed the dismissal, of the suit finding the claim not ripe. The Forest Service has not reached a final decision and it is not clear compliance with its requests would be futile. View "Freeman v. United States" on Justia Law