The U.S. District Court for the District of Colorado recently overturned an order issued by the Interior Board of Land Appeals (IBLA) and upended what seemed to be settled law in two areas: the effect of filing a small miner certification after the regulatory due date and when the government may be estopped from enforcing laws and regulations. Miller v. U.S. Department of the Interior, ___F. Supp. 2d___, Civ. No. 08-CV-01641-WYD-CBS, 2009 WL 1975984 (D. Colo. July 7, 2009). Miller involved the question of whether the Bureau of Land Management (BLM) has the authority to invalidate a mining claim when the claimant filed neither a maintenance fee nor a small miner certification by the regulatory due date of September 1.
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