Legislation & Regulation
Legislative and Regulatory Update
April 2015 by Scott Harn
- require agencies to choose the least costly option when considering regulations.
- restrict agencies’ use of interim regulations without public comment and provide for a quick judicial review if used.
- require hearings to review the accuracy of data for the most costly regulations.

Forest Service v. Michael & Linda Backlund
On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
Legislative and Regulatory Update
• Oregon proposed withdrawal
• Vote
PLP Update: Back to The 'Swamp' on Behalf of Small Miners
We spent the morning in a meeting with one of the higher-ups at the US Forest Service. I presented him with 412 complaints received from our readers, along with a summary of the complaints to make his job easier.
Colorado Mining Association Appeals Roadless Ruling
The Colorado Mining Association is asking the US Supreme Court to review a 2001 rule that largely barred new roads on 58 million acres of roadless areas in national forests.
Legislative and Regulatory Update
• NEDC Surrenders in Oregon
• The California saga continues
Tasers and Mining Don't Mix
First, the US Forest Service does not have any authority to enforce or administer any “claim jumping” laws, period.
We’re Still Thinking About It
We have learned over the years, of course, that “previous development,” “roadless,” and “local support,” are in the mind of the beholder.
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