United States Ninth Circuit
Seven Up Pete Venture v. Schweitzer, 06-35384
Dismissal of a state takings claims arising out of a state ban on open-pit mining for gold or silver by the cyanide heap leaching process is affirmed where the Eleventh Amendment bars a reverse condemnation action brought in federal court against state officers in their official capacities.
Appellate Information
- Argued 11/07/2007
- Decided 04/21/2008
- Published 04/21/2008
Judges
- CANBY, Circuit Judge:, Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Sean Connelly, Reilly, Pozner & Connelly, LLP, Denver, CO, for the plaintiffs-appellants.
- For Appellees:
- Anthony Johnstone, Assistant Attorney General, Helena, MT, for the defendants-appellees.