No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- NATIONAL MINING ASSOCIATION, Petitioner, v. RYAN ZINKE, SECRETARY OF THE INTERIOR, ET AL., Respondents. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit --------------------------------- --------------------------------- PETITION FOR A WRIT OF CERTIORARI --------------------------------- --------------------------------- KATIE SWEENEY R. TIMOTHY MCCRUM General Counsel Counsel of Record NATIONAL MINING ASSOCIATION THOMAS A. LORENZEN 101 Constitution Ave., NW ELIZABETH B. DAWSON Washington, DC 20001 CROWELL & MORING LLP 1001 Pennsylvania Ave., NW Washington, DC 20004 (202) 624-2500
[email protected] Counsel for National Mining Association March 9, 2018 ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED In a provision of the Federal Land Policy and Man- agement Act of 1976, Congress delegated to the United States Department of the Interior authority to with- draw, for up to 20 years, large tracts of federal lands from availability for mineral development under the Mining Law of 1872, as amended. Congress included in the same provision a right of legislative veto over any large withdrawal, but all now agree the legislative veto violates the Presentment Clause. The question presented is: Can Congress’s delegation to the Department of the Interior of withdrawal authority over large tracts of land survive without the legislative veto right that Congress included as a check on the exercise of that authority? ii PARTIES TO THE PROCEEDINGS Petitioner National Mining Association was the Appellant in Ninth Circuit No. 14-17350. The Arizona Utah Local Economic Coalition and Metamin Enter- prises USA, Inc. were Appellants in consolidated case No.