United States Ninth Circuit

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Bohmker v. State of Oregon, 16-35262

Held that federal law did not preempt an Oregon statue that prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. A group of gold miners argued that the state statute could not be enforced on federal lands in Oregon, where they held mining claims and sought to use motorized equipment to search for gold deposits. Rejecting the miners' request for an injunction, the Ninth Circuit affirmed summary judgment in favor of the State of Oregon.

Appellate Information

  • Decided
  • Published 2018/09/12


  • Fisher


  • United States Ninth Circuit


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