Posted on 08/03/2002 12:05:07 PM PDT by Action-America
by William Perry Pendley
August 1, 2002
In 1872, Congress enacted the General Mining Law, allowing miners to enter onto federal land, locate valuable mineral deposits, and then develop those minerals. Once claims were staked, they were inviolate against all others, except the United States, which could challenge their validity at any time. Miners had to perform annual assessment work or else the land was open to relocation by rival claimants as if no prior claim existed. However, if the original claimant resumed work before such relocation, the claim was preserved. Often called the “resumption doctrine,” this is the “statutory right to resume work.”
While the “right to resume work” protected claims against rival miners, did it apply to the United States? In 1930, the United States told the U.S. Supreme Court that it did not: claims were forfeited if a miner failed to perform assessment work, even if the miner resumed work before a challenge by the United States. The Supreme Court unanimously rejected that argument, emphasizing: “[I]t is…clear that [a miner] maintains his claim…by a resumption of work…. Such resumption does not restore a lost estate; it preserves an existing estate.” Thereafter, the United States challenged claims for lack of assessment work only during a lapse in the work; but the Supreme Court later rejected that too, ruling that there was no authority for it. In 1970, the Supreme Court backtracked slightly: the United States did have that authority. But the Supreme Court left its 1930 ruling standing: a miner maintained his claim if he resumed work before the United States challenged his claims.
Not surprisingly, given the frequent and consistent rulings of the Supreme Court affirming the rights of a miner to “preserve an existing [claim]” by resuming assessment work, the United States took the view, from 1930 on, that claims were invalid only if the United States instituted its challenge during a lapse in assessment work. Then in 1993, in Clinton’s first year, the United States reversed 63 years of official policy and rejected the rulings of the Supreme Court: the statutory right to resume work was dead; in its place was a regulation that automatically voided claims upon a lapse in assessment work.
Meanwhile, in 1917, four oil shale claims were located on 520 acres in Uintah County, Utah. In March 1989, the owner of the claims, Cliffs Synfuel Corporation, filed an application for title (patent) to those claims. In October 1992, the United States said Cliffs had complied with federal law and was entitled to a certificate ending its duty to perform assessment work. But in 1996, the United States declared the claims null and void because, during the 75 years the claims were held, there had been a lapse in assessment work, which the United States had never challenged. A federal district court reinstated the claims, holding, “the Supreme Court knows how to say a statute is invalid;” because it did not declare the statutory right to resume work invalid, that provision was still alive!
The Bush Administration appealed the decision to the Tenth Circuit. On May 6, 2002, lawyers from Bush’s Justice Department argued that 63 years of interpreting the mining law were irrelevant and the Supreme Court’s decisions, which had bound the federal government for nine presidencies, were wrong. A three judge panel, deferring to the federal government’s expertise, agreed: the claims were null and void. Cliffs asked the entire Tenth Circuit to rehear the case and will petition the Supreme Court if the Tenth Circuit fails to rectify its error. President Bush reportedly is seeking to restore stability and steadfastness to a Justice Department that had a reputation, during Clinton’s years, for scandal and schizophrenia. But which is worthy of Bush’s embrace: three Supreme Court rulings and the official policy of nine presidents spanning more than six decades, or a dubious regulation adopted because of the anti-mining zealotry of William Jefferson Clinton? Sadly, Bush chose the latter.
Each month, MSLF president and chief legal officer William Perry Pendley publishes his monthly column, Summary Judgment. A hard-hitting commentary on environmental, federal lands, natural resources, or private property rights issues, Summary Judgment is carried by newspapers, magazines, newsletters and other publications throughout the country. So topical are the issues addressed by Summary Judgment that they are often the focus of talk radio discussion for weeks after the column is sent out at the end of each month. Summary Judgment runs 650 words and may be reprinted so long as credit is given to William Perry Pendley and to Mountain States Legal Foundation. A glossy photograph of the author is available.
Dubya is supporting Slick Willie's socialist policy over that of three Supreme Court Rulings and nine other presidents, including his own daddy and Ronald Reagan!
Can you say turncoat?
Does that answer your question.
SOPHOMORIC POSTER; YAWN;
It looks to me like someone has hijacked John's account.
J
BINGO
The State of Utah wants to set the the San Rafael Swell aside by having the feds designate it. You should know how Bush is about State's Rights and local control.
I didn't. And I won't.I was given 4 choices on the ballot. Bush, Gore, Nader or Browne. I voted for Browne.
When Bush was elected I hoped he would be better than Gore.
He isn't. Gore would not have gotten away with what Bush has done and is doing.
If you knew what a disappointment Bush turned out to be, would you ever have voted for him in the first place. Lets get this thing out of the White House in 2004.
As difficult as it was for me, being a lifelong GOP activist, I didn't vote for him. I found it necessary to vote for Harry Browne, not because I agreed with everything that he stood for (I actually disagreed with him on a number of issues), but because Browne was by far, the closest thing to a conservative in the race. Being from Texas, I had ample opportunity to see Dubya at work before he became the darling of the GOP can do no wrong crowd and was therefore, well aware of Dubya's left-leaning tendency.
If the GOP doesn't find a better candidate for President soon, the Democrats won't have to worry about fielding a good candidate in 2004, because if Dubya wins, the Democrats win by default.
I wonder... didn't x42 shut down US low sulpher coal fields, a move that basically helps the Ryady (sp.?) family with their Asian low sulpher coal? While Bushie might appear to be siding with Clinton, it is probably for different reasons. Maybe Cliff's Synfuel was just going to sit on the rights rather than develop it...needs more research.
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