Legal Opinion
Baker v. United States
Court of Appeals for the Ninth Circuit
Decided February 11, 1980No. 77-2783PublishedCited by 22 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
This court is called upon to review an administrative extension of the marketability test which is used for proving the validity of mining claims. This extension adds a new element, that is, the claimant must now prove that he or she has not claimed “too much” of the mineral in question. After a thorough review of the mining laws, we conclude that there is no basis to support the too much rule. We therefore vacate the judgment of the district court which had affirmed the decision of the Interior Board of Land Appeals (IBLA). 23 IBLA 319 (1976).
I. FACTS
The…
2Cases cited27 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Udall v. TallmanSupreme Court of the United States · 1965
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- Volkswagenwerk Aktiengesellschaft v. Federal Maritime CommissionSupreme Court of the United States · 1968
- United States v. ColemanSupreme Court of the United States · 1968
22 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McCall v. AndrusCourt of Appeals for the Ninth Circuit · 1980
- Barona Group of the Capitan Grande Band of Mission Indians v. American Management & Amusement, Inc.Court of Appeals for the Ninth Circuit · 1988
- Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor v. James R. Schlesinger, Etc., Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor v. James R. Schlesinger, Etc., Columbia Basin Land Protection Association, Etc., and South Columbia Basin Irrigation District, Plaintiff-Intervenor, and State of Washington and Franklin County, Plaintiffs-Intervenors-Appellants v. James Schlesigner, Etc.Court of Appeals for the Ninth Circuit · 1981
- The Steamboaters, an Oregon Non-Profit Corporation v. Federal Energy Regulatory, Commission, Kenneth Plumb, Secretary of Ferc, Winchester Water Control District, and Elektra Power Corporation, Winchester Water Control District and Elektra Power Corporation, Intervenors. Malcolm Baldrige, Secretary of Commerce v. Federal Energy Regulatory Commission, Winchester Water Control District and Elektra Power Corporation, IntervenorsCourt of Appeals for the Ninth Circuit · 1985
- Barona Group of the Capitan Grande Band of Mission Indians v. American Management & Amusement, Inc.Court of Appeals for the Ninth Circuit · 1987
17 more not listed; retrieve them via the Exa API.