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McMASTER v. U.S.

No. 11-17489.

731 F.3d 881 (2013)

Ken McMASTER; Maureen E. Galitz; Steven E. Fawl, Plaintiffs-Appellants, v. UNITED STATES of America; Bureau of Land Management; United States Forest Service; Kenneth Lee Salazar, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2013.

Attorney(s) appearing for the Case

Steven J. Lechner (argued), Mountain States Legal Foundation, Lakewood, CO; James S. Burling and Joshua P. Thompson , Pacific Legal Foundation, Sacramento, CA, for Plaintiff-Appellants.

Robert G. Dreher , Acting Assistant Attorney General; Mark Haag and Katherine J. Barton (argued), United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., for Defendants-Appellees.

Before: A. WALLACE TASHIMA and JAY S. BYBEE, Circuit Judges, and KIMBA M. WOOD, Senior District Judge.

OPINION

BYBEE, Circuit Judge:

McMaster owns the Oro Grande mining claim, located in the Trinity Alps Wilderness area. In 1992, McMaster filed an application for a patent, having satisfied all of the requirements for receiving a patent under the General Mining Law of 1872. However, the Bureau of Land Management ("BLM") granted McMaster a patent to only the mineral estate; the surface estate was reserved to the United States. McMaster brought suit under the...

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