Free Joint Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00039-BAF

Document 81

Filed 01/16/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ____________________________________)

WALTER B. FREEMAN,

No. 01-39L Honorable Bohdan A. Futey

JOINT STATUS REPORT The parties submit this Joint Status Report pursuant to the Court's order filed October 23, 2007, to provide information about further proceedings before the United States Department of Interior. As reported in the last joint status report, the hearing before the United States Department of the Interior, Office of Hearings and Appeals, regarding the validity determinations of plaintiff's mining claims in the litigation before this Court, concluded on June 1, 2007. On August 10, 2007, the administrative law judge issued an opinion concluding that he did not have jurisdiction to determine the validity of plaintiff's mining claims for possible takings dates of 1994 and 2000. The Department of Interior appealed the administrative law judge's opinion to the Interior Board of Land Appeals. The parties have fully briefed the appeal and await the decision by the Interior Board of Land Appeals. Mr. Stephens, counsel for plaintiff, has reviewed this report and consents to the United States filing it on his behalf.

Case 1:01-cv-00039-BAF

Document 81

Filed 01/16/2008

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Dated: January 16, 2008

Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment & Natural Resources Division

__s/Terry M. Petrie__________ TERRY M. PETRIE Trial Attorney Environment & Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, Colorado 80294 Telephone: (303) 844-1369 Facsimile: (303) 844-1350 Attorney for Defendant OF COUNSEL: Holly McLean Office of the General Counsel Department of Agriculture Portland, OR 97204 Brad Grenham Office of the Regional Solicitor Department of the Interior Portland, OR 97232

Case 1:01-cv-00039-BAF

Document 81

Filed 01/16/2008

Page 3 of 3

CERTIFICATE OF SERVICE I certify that copies of the foregoing "JOINT STATUS REPORT" were served upon counsel for Walter B. Freeman by electronic filing with the United States Court of Federal Claims and for counsel for the Siskiyou Project and Mineral Policy Center by regular mail, postage prepaid, properly addressed this 16th day of January 2008, to:

Richard M. Stephens, Esq. Groen Stephens & Klinge, LLP 11100 NE 8th Street Suite 750 Bellevue, WA 98004 Attorney for Walter B. Freeman (By electronic filing) Roger Flynn, Esq. WESTERN MINING ACTION PROJECT P.O. Box 349 412 High Street Lyons, CO 80540 Attorney for the Siskiyou Project and Mineral Policy Center (By mail)

s/Terry M. Petrie__________ TERRY M. PETRIE