United States of America v. Doremus

Filing 64

MEMORANDUM DECISION The Court finds that the costs were necessary to reclaim the area damaged by the illegal mining activity of Doremus, and that the cost amount is reasonable. The Court will therefore grant the Government's motion in a separate Judgment as required by Rule 58(a). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
UNITED STATES OF AMERICA,
Case No. 3:11-CV-406-BLW
Plaintiff,
MEMORANDUM DECISION
vs.
ROIRDON L. DOREMUS,
Defendant.

INTRODUCTION
The Court has before it a motion for reimbursement filed by the Government.
Defendant Doremus has not filed any response. Having examined the motion and
supporting documents, the Court will grant the motion for the reasons explained below.
ANALYSIS
The Government brought this lawsuit against Doremus to stop him from mining
his Wizard Claim in the Nez Perce National Forest without a valid Operating Plan. The
Court granted the Government’s motion for summary judgment, ordering Doremus to
stop mining, to remove all his mining equipment, and to either restore the areas he
damaged or pay the Forest Service for the costs of remediation. See Memorandum
Decision (Dkt. No. 53). Doremus took no action to restore the damage and so the Forest
Service did the restoration work – they now ask the Court to be reimbursed for those
costs.
The restoration work done by the Forest Service was extensive. It involved (1)
taking 9,000 pounds of debris and scrap to a landfill; (2) digging up and removing 60 feet
Memorandum Decision – page 1

of broken sewer pipe; (3) removing a road cut into a hillside and re-contouring the area;
(4) backfilling open trenches; (5) leveling an ore stockpile; and (6) filling in the main pit
and adit. See Jones Second Declaration (Dkt. No. 63-1). The costs for this work are set
forth in detail in two attachments to the Jones Declaration. See Attachments A & C (Dkt.
Nos. 63-2 & 63-4). The costs total $20,200.12. Id.
The Court finds that these costs were necessary to reclaim the area damaged by the
illegal mining activity of Doremus, and that the cost amount is reasonable. The Court
will therefore grant the Government’s motion in a separate Judgment as required by Rule
58(a).

DATED: April 8, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision – page 2