A group of Oregon miners cannot prevail on their $22.5 million takings claim against the U.S. Forest Service, because the government never ordered them to stop mining, the Court of Federal Claims ruled. The agency allegedly waited more than two years to tell the miners that their operation wouldn't harm the northern spotted owl.
Alfred Aloisi and the Liberty Mining said the government acted through the Forest Service and Fish and Wildlife Service to unlawfully prevent them from mining in a California forest.
The miners claimed the government waited more than two years to inform them of a biological opinion stating that their mining efforts would not harm the northern spotted owl.
Both sides moved for summary judgment, and Judge Margolis ruled in favor of the government.
"The Forest Service has the ultimate authority to approve or reject proposals to conduct mining operations in national forests," Margolis wrote. "Therefore, until plaintiffs receive a final notice from the Forest Service, there can be no claim for a taking based on denial of a permit."
Alfred Aloisi and the Liberty Mining said the government acted through the Forest Service and Fish and Wildlife Service to unlawfully prevent them from mining in a California forest.
The miners claimed the government waited more than two years to inform them of a biological opinion stating that their mining efforts would not harm the northern spotted owl.
Both sides moved for summary judgment, and Judge Margolis ruled in favor of the government.
"The Forest Service has the ultimate authority to approve or reject proposals to conduct mining operations in national forests," Margolis wrote. "Therefore, until plaintiffs receive a final notice from the Forest Service, there can be no claim for a taking based on denial of a permit."