Case Summary
Issue:
Whether a federal regulatory agency may avoid observance of federal law and void small mining claims?
Plaintiff:
Julie Dimitrov and other members of the Kester Counts family
Defendant:
Gale Norton, Secretary, U.S. Department of the Interior; Kathleen Clarke, Director, Bureau of Land Management (BLM); Howard Lemm, Acting Montana State Director, BLM; BLM; U.S. Department of the Interior
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Case History
The Kester Counts family, during its attempt to qualify for waiver of the claim maintenance fee, realized that the documents it sent to the BLM may have contained some deficiencies. Although it supplemented its submission, the BLM held that the certification for the claims was untimely and voided the claims. On December 12, 1997, MSLF filed an appeal with the IBLA on behalf of the family. On August 19, 1999, the IBLA remanded the case for procedural defects. On August 31, 1999, the BLM again voided the claims. On September 30, 1999, MSLF filed an appeal with the IBLA. On January 14, 2005, by a 2-1 vote, the IBLA upheld the decision of the BLM declaring the claims forfeited.
On April 7, 2006, the Dimitrov family filed a lawsuit in Montana federal district court appealing the IBLA’s decision. On August 21, 2006, the Dimitrovs filed a motion for summary judgment. On October 2, 2006, the government filed its response, and on October 16, 2006, the Dimitrovs filed a reply.
On November 30, 2006, the Magistrate Judge ruled in favor of the Dimitrov family. Subsequently, the United States and the Dimitrov family filed objections to the Magistrate Judge’s ruling. On March 15, 2006, the District Court ruled in favor of the Dimitrovs and in response to a motion by the Dimitrovs, on March 22, 2007, agreed to publish its ruling.
On May 11, 2007, the BLM filed a notice of appeal, and on June 1, 2007, the Ninth Circuit docketed the appeal.
