Cases

Solenex, LLC v. Bernhardt

The Government is Not Above the Law

Federal bureaucrats, including the Secretary of the Interior, have no authority to cancel a lawfully issued oil and gas lease unless Congress has provided them that authority. Our client, Sidney Longwell, first purchased a federal oil and gas lease in Montana’s Lewis and Clark National Forest in 1982. Despite passing decade-long environmental and archeological reviews, the Clinton administration suspended his lease in 1993, and continued to suspend the lease ultimately for over two decades.

Ministerio Roca Solida v. United States

The Government Made a Desert Out of Paradise

The U.S. Fish and Wildlife Service, without obtaining a permit, and over the objections of a hydrological expert, diverted a stream that flowed through the land owned by a small church, headed by Pastor Victor Fuentes. The resulting flooding destroyed the property, and the bureaucrats who did this think no one will hold them accountable.

Whited v. United States of America

The Worst Neighbor in the World

Michael Whited purchased a modest home in Colorado’s Fourmile Canyon. He and his wife live in this beautiful area of Boulder County. Unfortunately, Mr. Whited’s next-door neighbor is the Federal Bureau of Land Management on whose property stood a dangerous, crumbling concrete mining shed. Despite numerous warnings, the Bureau did nothing to fix the problem, and the shed eventually collapsed, doing great damage to the Whited’s property.  Wouldn’t you know it–the Bureau is trying to skirt responsibility for the damage.

Nesbitt v. U.S. Army Corps of Engineers

2nd Amendment Rights Must Be Protected on Federal Lands

The U.S. Army Corps of Engineers, which oversees vast areas of recreational lands that are open to the public, unconstitutionally prohibits visitors from exercising their Second Amendment protected right to self-defense in every way imaginable. Thanks to Mountain States’ victory on behalf of its clients, Elizabeth Nesbitt and Alan Baker, the Corps of Engineers is currently prohibited from enforcing its unconstitutional ordinance in the State of Idaho.

Kerr v. Polis

Tax-Hungry Politicians Try to Sidestep the Law

Colorado’s Constitution includes the Taxpayer’s Bill of Rights, which requires voter approval for all new taxes. A group of legislators challenged this constitutional provision, arguing that it infringes on their constitutional right to govern. Elected officials have no constitutional right to increase taxes without voter approval, much less standing to challenge a constitutional provision that protects taxpayers.

Cedar Point Nursery v. Gould

Private Property Must Be Respected

California regulations allow union organizers to enter private property and solicit the support of workers without compensating the property owner for the use of his property. No business owner should be forced to allow outside union organizers onto his property during business hours.

Bohmker v. Oregon

The Tradition of Gold Mining in the American West

Since 1872, federal law guaranteed citizens a “right to mine” on most federal lands. In direct conflict with that law, Oregon banned suction dredge mining, which is the only economically feasible method of extracting gold from rivers in the national forests.

Sunnyside Gold Corporation v. United States Environmental Protection Agency

EPA Minimizes Responsibility For Water Spill And Leaves Neighbors Financially Liable

In 2015, the Environmental Protection Agency released 3 million gallons of mineralized water at the Gold King Mine in Silverton, Colorado. To minimize its responsibility for the spill, the EPA hastily designated a vast area surrounding the mine as a Superfund site and thereby subjected its neighbors to financial liability for its actions.