Cal. Coastal Comm'n v. Granite Rock Co., :: 480 U.S. 572 ...
Granite Rock filed suit in Federal District Court for declaratory and injunctive relief on the ground that the Commission's permit requirement was preempted by Forest Service Regulations, by the Mining Act of 1872, and by the CZMA. The court denied Granite Rock's motion for summary judgment and dismissed the action.
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In the Granite Rock case a marble mining company located an open pit mine in the Big Sur area along the California coast which was within the jurisdiction of the newly formed California Coastal Commission (CCC).
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Cal. Coastal Comm'n v. Granite Rock Co., (full text ...
We agree with Granite Rock that the Property Clause gives Congress plenary power to legislate the use of the federal land on which Granite Rock holds its unpatented mining claim. The question in this case, however, is whether Congress has enacted legislation respecting this federal land that would preempt any requirement that Granite Rock
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California Coastal Commission v. Granite Rock Co.
California stepped in and claimed that under California law (the California Coastal Act), no one could start mining without first getting a permit from the California Coastal Commission (CCC). Granite Rock did not have a CCC permit. Granite Rock sued to stop the CCC from requiring a permit.
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