Bohmker v. Oregon, No. 16-35262 (9th Cir. 2018)Annotate this Case
Oregon's restrictions on the use of motorized mining equipment in rivers and streams containing essential salmon habitat, adopted into law as Senate Bill 3, were not preempted by federal law. The Ninth Circuit affirmed the district court's grant of summary judgment for the state, and held, assuming without deciding that federal law preempts the extension of state land use plans onto unpatented mining claims on federal lands, Senate Bill 3 was not preempted because it constituted an environmental regulation, not a state land use planning law. Moreover, Senate Bill 3 did not stand as an obstacle to the accomplishment of the full purposes and objectives of Congress.