MAC: Mines and Communities

Right to "poison" asserted as fundamental legal principle

Published by MAC on 2008-07-28

Mountain States Legal Foundation Files Petition With US Supreme Court for Atna Resources in The McDonald Takings Case

Annoucement by Atna Resources, Golden, Colorado

22nd July 2008

(Canada NewsWire via COMTEX) Atna Resources pleased to announce that Mountain States Legal Foundation ("MSLF") has filed a petition for writ of certiorari on behalf of Atna's wholly owned subsidiary, Seven-Up Pete Venture and other property owners, with the United States Supreme Court in the case Seven-Up Pete Venture, et al. v Brian Schweitzer, et al. MSLF is a nonprofit, public interest law firm dedicated to individual liberty, the right to own and use property, limited and ethical government and the free enterprise system.

"We are extremely pleased that MSLF has decided to take this case. Their decision affirms the belief in the strength of our case and that an injustice has been done to the Company's interests. The recent ruling on this case by the U.S. Court of Appeals for the Ninth Circuit held that states are immune from suits in federal court premised upon violations of the U.S. Constitution, which requires the payment of just compensation when private property is 'taken.' This issue may have significant impact on the integrity and value of property rights in the U.S. and requires clarification as a point of law by the U.S. Supreme Court," states James Hesketh, President, COO & Director.

The McDonald takings claim was initiated in April 2000 as a result of the passage of the 1998 I-137 anti-cyanide ballot initiative in the State of Montana. Passage of this initiative resulted in an unprecedented law that was narrowly crafted to specifically outlaw the use of cyanide to recover gold from ores mined by open pit methods. This legislation was the first of its kind in the U.S. By the time the initiative passed, the Seven-Up Pete Venture had spent over $70 million on drilling, permitting and engineering at the McDonald gold project in Montana. The passage of this initiative critically impaired the project.

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