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U.S. v. BACKLUND

Nos. 10-30264, 10-30289.

677 F.3d 930 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Michael BACKLUND, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. David D. Everist, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 26, 2012.

Attorney(s) appearing for the Case

James L. Buchal , Murphy & Buchal LLP, Portland, OR, for appellant Michael Backlund.

Steven J. Sherlag , Portland, OR, for appellant David Everist.

Dwight C. Holton , United States Attorney; Neil J. Evans (argued), Assistant U.S. Attorney, Portland, OR; Ignacia S. Moreno , Assistant Attorney General; Allen M. Brabender , Washington, DC, for the appellee.

Before: RAYMOND C. FISHER, RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges.

OPINION

FISHER, Circuit Judge:

Federal law permits mining operations and uses reasonably incident thereto on National Forest System lands. Individuals mining in the national forests must comply with regulations promulgated by the United States Department of Agriculture. Under those rules, mining operations that are likely to cause significant surface disturbance require a plan of operations approved by the United States Forest Service. In addition, long...

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