Sunday, January 29, 2023 | Back issues
Courthouse News Service Courthouse News Service

Mining Companies Lose Challenge To Cyanide Ban

SAN FRANCISCO (CN) - Owners of mining leases in Montana lost their challenge in the 9th Circuit to a state law banning open-pit mining using cyanide heap-leach technology.

Lease owners brought a federal reverse-condemnation action against Gov. Brian Schweitzer and Richard Opper, director of the Montana Department of Environmental Quality, claiming the 1998 initiative constituted a taking of their property without just compensation.

A three-judge panel affirmed dismissal of the takings claim on the basis that the 11th Amendment bars a federal reverse-condemnation action against state officers in their official capacity.

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.

Loading
Loading...