43 CFR 3809.3 - What rules must I follow if State law conflicts with this subpart?

Cite as43 CFR 3809.3
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6 practice notes
  • Bohmker v. Oregon, No. 16-35262
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 12, 2018
    ...laws require miners to comply with state laws, see 30 U.S.C. § 22, including state environmental laws, see, e.g. , 36 C.F.R. § 228.8 ; 43 C.F.R. §§ 3809.3, 3809.420(b), declare it the policy of the United States to assure that mining satisfies the nation’s "environmental needs," 30 U.S.C. §......
  • Sierra Club v. Penfold, Nos. 87-3597
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 21, 1988
    ...a notice of noncompliance or being enjoined from operating and held liable for damages for the unlawful acts until a notice is filed. 43 C.F.R. Sec. 3809.3-2. Notice mine operations are subject to monitoring by BLM to ensure operators are not causing unnecessary or undue degradation. 43 C.F......
  • Reoforce, Inc. v. United States, No. 11-884
    • United States
    • Court of Federal Claims
    • October 7, 2014
    ...plan of operations and other Federal and State laws related to environmental protection and protection of cultural resources"); 43 C.F.R. § 3809.3 (requiring a mining claimant to follow state laws or regulations for operations on public lands, unless they conflict with the BLM's regulations......
  • LeFaivre v. Environmental Quality Council of Dept. of Environmental Quality, No. 86-240
    • United States
    • United States State Supreme Court of Wyoming
    • April 9, 1987
    ...by federal law, appellant postures his position on lack of jurisdiction of the Wyoming agency. The applicable federal regulation, 43 CFR 3809.3-1 "(a) Nothing in this subpart shall be construed to effect a preemption of State laws and regulations relating to the conduct of operations or rec......
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5 cases
  • Bohmker v. Oregon, No. 16-35262
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 12, 2018
    ...laws require miners to comply with state laws, see 30 U.S.C. § 22, including state environmental laws, see, e.g. , 36 C.F.R. § 228.8 ; 43 C.F.R. §§ 3809.3, 3809.420(b), declare it the policy of the United States to assure that mining satisfies the nation’s "environmental needs," 30 U.S.C. §......
  • Sierra Club v. Penfold, Nos. 87-3597
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 21, 1988
    ...a notice of noncompliance or being enjoined from operating and held liable for damages for the unlawful acts until a notice is filed. 43 C.F.R. Sec. 3809.3-2. Notice mine operations are subject to monitoring by BLM to ensure operators are not causing unnecessary or undue degradation. 43 C.F......
  • Reoforce, Inc. v. United States, No. 11-884
    • United States
    • Court of Federal Claims
    • October 7, 2014
    ...plan of operations and other Federal and State laws related to environmental protection and protection of cultural resources"); 43 C.F.R. § 3809.3 (requiring a mining claimant to follow state laws or regulations for operations on public lands, unless they conflict with the BLM's regulations......
  • LeFaivre v. Environmental Quality Council of Dept. of Environmental Quality, No. 86-240
    • United States
    • United States State Supreme Court of Wyoming
    • April 9, 1987
    ...by federal law, appellant postures his position on lack of jurisdiction of the Wyoming agency. The applicable federal regulation, 43 CFR 3809.3-1 "(a) Nothing in this subpart shall be construed to effect a preemption of State laws and regulations relating to the conduct of operations or rec......
  • Request a trial to view additional results

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