Quimbee logo
DMCA.com Protection Status
  • S
  • South Dakota Mining Ass'n, Inc. v. Lawrence …South Dakota Mining Ass'n, Inc. v. Lawrence Cnty.
From our private database of 16,800+ case briefs...

South Dakota Mining Ass'n, Inc. v. Lawrence Cnty.

United States Court of Appeals for the Eighth Circuit
155 F.3d 1005 (1998)


The voters of Lawrence County (County) (defendant) in South Dakota approved an ordinance that prohibited new or amended permits for surface metal-mining extraction in the Spearfish Canyon Area (canyon). The canyon included approximately 40,000 acres, 90 percent of which was federal land located in a national forest. Mining activities were conducted on the federal land. Surface metal mining was the only possible method for mineral extraction in the canyon, because the minerals were located at the earth’s surface. South Dakota Mining Association, Inc. and other mining companies (plaintiffs) challenged the ordinance in federal district court. The district court found that the federal Mining Act of 1872 (Act), 30 U.S.C. §§ 21-26, preempted the ordinance. Jack Cole (defendant), a citizen, intervened and appealed on behalf of the County. Cole asserted that the ordinance was a reasonable environmental regulation that was not preempted by the Act. The basis for Cole’s assertion was that the ordinance banned only one type of mining within a limited area, and did not prevent the accomplishment of the Act’s purposes and objectives.

Rule of Law


Holding and Reasoning (Hansen, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 450,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 450,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial