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Case 1:95-cv-00650-LSM

Document 140

Filed 06/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ALFRED ALOISI, et al., Plaintiffs v. UNITED STATES OF AMERICA, Defendant.

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No. 95-650L Hon. Lawrence S. Margolis

NOTICE OF DECISION On May 14, 2007, the parties filed a Joint Interim Status Report informing the Court of the decision by Administrative Law Judge Holt that the Office of Hearings and Appeals ("OHA") does not have jurisdiction to decide the validity of the mining claims as of the date of the alleged taking. See Joint Interim Status Report (Dkt. No. 93). Recently, the Interior Board of Land Appeals held to the contrary, concluding that OHA has the necessary jurisdiction to determine the validity of unpatented mining claims as of the alleged dates of taking, in United States v. Freeman, IBLA No. 2007-259. A copy of the IBLA's decision is attached as Exhibit A. Like this case, Freeman involves the alleged taking of unpatented mining claims, and is stayed in the Court of Federal Claims pending resolution of the validity of those mining claims by OHA. See Freeman v. United States, CFC No. 01-39L, Order (Oct. 10, 2001). Respectfully submitted, RONALD J. TENPAS Assistant Attorney General Environment and Natural Resources Division

s/ Bruce K. Trauben BRUCE K. TRAUBEN Natural Resources Section

Case 1:95-cv-00650-LSM

Document 140

Filed 06/23/2008

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Environment and Natural Resources Division U. S. Department of Justice P. O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 (ph) (202) 305-0506 (fax) Attorney for Defendant

Dated: June 23, 2008

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