Western Mining Council v. Watt

643 F.2d 618, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20
Court of Appeals for the Ninth Circuit·Decided April 23, 1981·No. No. 78-2669·Published·Cited by 719 cases

Opinion

EAST, District Judge:

Plaintiffs appeal from a judgment dismissing their claim with prejudice pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs sought a declaratory judgment rendering all or part of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701-1782, unconstitutional and invalid. Plaintiffs also sought to enjoin the Secretary of the Interior from expending certain funds for the enforcement of the Act. This appeal raises questions of standing, justiciability, and the adequacy of plaintiffs’ allegations to state claims upon which relief can be granted. We note jurisdiction under 28 U.S.C. § 1291 and affirm.

I. THE CASE

In 1976, Congress passed the Federal Land Policy and Management Act (“Act”), 43 U.S.C. §§ 1701-1782. The Act establishes a system of land use planning and management for lands owned by the United States, and includes several provisions relating to mining claims.1 The parties plaintiff include: (1) the Western Mining Council, a non-profit association of miners and owners of unpatented mining claims; (2) several of the Mining Council’s chapters; and (3) several individuals who mine and own unpatented mining claims and who are citizens and taxpayers of both California and the United States.

Plaintiffs filed this action on November 2, 1977, seeking a declaratory judgment that the Act is unconstitutional in whole or in part, and seeking to enjoin the Secretary of the Interior from expending certain funds appropriated pursuant to the Act for law enforcement on the public lands. Plaintiffs allege that the Act violates the Fourth, Fifth and Sixth Amendments to the Constitution, the provisions of Article IV, Section 3, and the two year limitation upon appropriations for armies found in Art. I, § 8, cl. 12.2 The complaint further alleges that the Act injures the individual plaintiffs by infringing their contractual rights as owners of unpatented mining claims located prior to passage of the 1976 Act, infringing their right to mine the claims, exposing them to unlawful searches and seizures, placing them in jeopardy from an unconstitutionally vague criminal statute, injuring them as state and federal taxpayers and denying their due process rights. The Western Mining Council and several of its chapters claim injury due to the alleged impairment of their members’ ability to pay dues.

On April 19, 1978, the District Court granted defendant’s motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the specific ground that plaintiffs had failed to state a justiciable claim, and granted leave to amend. When plaintiffs did not amend their complaint within 15 days, the District Court entered a judgment dismissing the complaint with prejudice, from which plaintiffs appeal.

[623]*623II. JUSTICIABILITY AND STANDING

The jurisdiction of the federal courts is limited to the adjudication of “cases or controversies” by Art. Ill, § 2, of the Constitution. Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 37-38, 96 S.Ct. 1917, 1923-1924, 48 L.Ed.2d 450 (1976); Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975). There is a substantial question as to whether plaintiffs’ allegations are sufficient to satisfy this jurisdictional prerequisite.

The “case or controversy” requirement demands first that the issues be justiciable; /. e., they must “present a real and substantial controversy which unequivocally calls for the adjudication of .. . rights.” Poe v. Ullman, 367 U.S. 497, 509, 81 S.Ct. 1752, 1759, 6 L.Ed.2d 989 (1961) (Brennan, J. concurring). A second case or controversy requirement is that the plaintiffs have standing to assert their claims. In Warth v. Seldin, 422 U.S. 490, 95 S.Ct. 2197, 45 L.Ed.2d 343, the Supreme Court noted that the question of standing is in essence

“whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues. This inquiry involves both constitutional limitations on federal-court jurisdiction and prudential limitations on its exercise.... In both dimensions it is founded in concern about the proper — and properly limited — role of the courts in a democratic society.” Id. at 498, 95 S.Ct. at 2205 (citations omitted).

Standing requires as a constitutional minimum that a plaintiff allege “such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.” Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962). The standing question focuses upon the party asserting the claim because “[t]he Art. Ill judicial power exists only to redress or otherwise to protect against injury to the complaining party, even though the court’s judgment may benefit others collaterally. A federal court’s jurisdiction therefore can be invoked only when the plaintiff himself has suffered ‘some threatened or actual injury resulting from the putatively illegal action ....’ Linda R. S. v. Richard D., 410 U.S. 614, 617, [93 S.Ct. 1146, 1148, 35 L.Ed.2d 536] (1973).” Warth v. Seldin, 422 U.S. at 499, 95 S.Ct. at 2205. This constitutional dimension of the standing requirement is sometimes described as a requirement that the plaintiff allege “injury in fact.” Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 218, 94 S.Ct. 2925, 2930, 41 L.Ed.2d 706 (1974); Ass’n of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 152, 90 S.Ct. 827, 829, 25 L.Ed.2d 184 (1970).

Additionally, the courts have imposed standing limitations beyond those required by the Constitution. These prudential limitations arise from a concern that the courts not “be called upon to decide abstract questions of wide public significance even though other governmental institutions may be more competent to address the questions and even though judicial intervention may be unnecessary to protect individual rights.” Warth v. Seldin, 422 U.S. at 500, 95 S.Ct. at 2206. Thus, the courts have held that when the alleged harm is a “generalized” or “abstract” grievance shared by a large class of citizens, jurisdiction will not be exercised. See, e. g., Warth v. Seldin, 422 U.S. at 499, 95 S.Ct. at 2205; Schlesinger v. Reservists Committee to Stop the War; United States v. Richardson, 418 U.S. 166, 94 S.Ct. 2940, 41 L.Ed.2d 678 (1974); Ex Parte Levitt, 302 U.S. 633, 58 S.Ct. 1, 82 L.Ed. 493 (1937).

The case or controversy requirement applies to actions under the Declaratory Judgments Act, 28 U.S.C.

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Western Mining Council v. Watt, 643 F.2d 618, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20 (9th Cir. 1981).

643 F.2d 618 (Western Mining Council v. Watt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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