Topaz Beryllium Co. v. United States

McKAY, Circuit Judge.

Appellants seek a declaration that the provisions of 43 C.F.R. §§ 3833.3, 3833.4(a) (and certain regulations allegedly related thereto), and 3833.5(d) are “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right” and thus unlawful under 5 U.S.C. § 706(2)(C). Appellants also seek injunctive relief. This appeal follows the district court’s grant of the Secretary of Interior’s cross-motion for summary judgment.

I

The Mining Act of 1872, 17 Stat. 91, set out procedures by which any person could locate, perfect, or claim valuable mineral…