43 C.F.R. § 9239.0-7
Penalty for unauthorized removal of material
The extraction, severance, injury, or removal of timber or other vegetative resources or mineral materials from public lands under the jurisdiction of the Department of the Interior, except when authorized by law and the regulations of the Department, is an act of trespass. Trespassers will be liable in damages to the United States, and will be subject to prosecution for such unlawful acts.
Notes of Decisions
Cited in 8
cases, 1981–2019 · leading case: BedRoc Ltd., LLC v. United States, 541 U.S. 176 (2004).
BedRoc Ltd., LLC v. United States, 541 U.S. 176 (2004). “Shortly after Williams began extracting the sand and gravel, however, the Bureau of Land Management (BLM) served him with trespass notices pursuant to 43 CFR § 9239.0-7 (1993) (providing that any unauthorized removal of "mineral materials" from public lands is "an act of…”
Watt v. W. Nuclear, Inc., 462 U.S. 36 (1983). “*40 On November 3, 1975, the Wyoming State Office of the Bureau of Land Management (BLM) served Western Nuclear with a notice that the extraction and removal of the gravel constituted a trespass against the United States in violation of 43 CFR § 9239.0-7 (1975), current version…”
Shoshone Indian Tribe of the Wind River Reservation v. United States, 52 Fed. Cl. 614 (Fed. Cl. 2002). “43 C.F.R. § 9239.0-7 (2001) (emphasis added).”
United States v. McPhilomy, 270 F.3d 1302 (10th Cir. 2001). “” 43 C.F.R. § 9239.0-7 . In addition, “persons responsible for such trespass may be prosecuted criminally under any applicable Federal law.”
New West Materials LLC v. Interior Bd. of Land Appeals, 398 F. Supp. 2d 438 (E.D. Va. 2005). “43 C.F.R. § 9239.0-7 ("The extraction, severance, injury, or removal of timber or other vegetative resources or mineral materials from public lands under the jurisdiction of the Department of the Interior, except when authorized by law and the regulations of the Department, is…”
W. Nuclear, Inc. v. Andrus, 664 F.2d 234 (10th Cir. 1981). “The trespass notice served on Western Nuclear by the BLM stated that, in the opinion of the Secretary of the Interior, Western Nuclear had removed federally-owned materials without authorization and, in so doing, had violated the Materials Act of 1947 and the Surface Resources…”
New West Materials LLC v. Interior Bd. of Land Appeals, 216 F. App'x 385 (4th Cir. 2007). “On January 3, 2002, the BLM served New West with a notice of trespass stating that New West had “committed an act of nonwillful trespass by removing and selling mineral material without a valid contract” in violation of 43 C.F.R. § 9239.0-7 . New West and JWR appealed the notice…”
W. Watersheds Proj. v. Bernhardt (D. Or. 2019). “16 See 43 C.F.R. § 9239.0-7 ; 9239.0-8. Fourth, Defendants offer no authority or previous example of the agency considering post-permit conduct for evaluating a record of performance, or considering payment of civil fines or service of criminal penalties to mitigate the…”
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