DOJ: News Release

State: U.S. Supreme Court Review of Case Unnecessary

HELENA – In a brief filed Monday with the United States Supreme Court, the State of Montana argues that high court review of a case brought by mining company Canyon Resources is unnecessary.

In a unanimous decision issued in June 2005, the Montana Supreme Court denied Canyon Resources’ claims for millions of dollars for an alleged government “taking” of the corporation’s private property and “impairment” of its contracts.

“This issue should finally be put to rest,” said Montana Attorney General Mike McGrath. “The state is prepared to move on and Canyon Resources should do the same.”

The case arose from Montana voters’ approval of I-137, a ballot measure that banned the use of a cyanide-based process at open-pit mines, including Canyon Resources’ proposed mine near Lincoln.

The state’s brief contends that the Montana court’s decision was a “sound application” of case-law analysis of contract and property rights rooted in Montana law, and review by the high court is not warranted.

Within the next six months, the U.S. Supreme Court will decide whether or not to accept the case. Each term, the court receives about 8,000 petitions and agrees to consider about one percent of those.

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