Joshua Caleb BOHMKER; Larry Coon; Walter R. Evens; Galice Mining District; Jason Gill; Michael Hunter; Michael P. Lovett; Joel Grothe; Millennium Diggers; Willamette Valley Miners; Don Van Orman; J.O.G. Mining LLC, Plaintiffs-Appellants,
v.
State of OREGON; Ellen Rosenblum, in her official capacity as the Attorney General of the State of Oregon; Mary Abrams, in her official capacity as the Director of the Oregon Department of State Lands, Defendants-Appellees,
Rogue Riverkeeper; Pacific Coast Federation of Fisherman's Associations; Institute for Fisheries Resources; Oregon Coast Alliance; Cascadia Wildlands; Native Fish Society; Center for Biological Diversity, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 8, 2018 — Portland, Oregon.
Filed September 12, 2018.
Attorney(s) appearing for the Case
James L. Buchal (argued), Murphy & Buchal LLP, Portland, Oregon, for Plaintiffs-Appellants.
Peter M.K. Frost (argued), Western Environmental Law Center, Eugene, Oregon; Roger Flynn , Western Mining Action Project, Lyons Colorado; for Intervenor-Defendants-Appellees.
Sean Patrick Smith , Mountain States Legal Foundation, Lakewood, Colorado, for Amicus Curiae American Exploration & Mining Association.
Lane N. McFadden , Attorney; John C. Cruden , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Kendra Nitta and Roy W. Fuller , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; John Eichhorst , Deputy Regional Attorney, Office of the General Counsel, Pacific Region, United States Department of Agriculture, San Francisco, California; for Amicus Curiae United States of America.
Marc N. Melnick , Deputy Attorney General; Gavin G. McCabe , Supervising Deputy Attorney General; Joshua A. Klein , Deputy Solicitor General; Robert W. Byrne , Senior Assistant Attorney General; Office of the Attorney General, Oakland, California; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Amici Curiae States of California and Washington.
To protect threatened fish populations, Oregon prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. The restrictions, adopted into law as Senate Bill 3, apply throughout the state, including on rivers and streams located on federal lands. The district...
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