Dateline Resources Limited (ASX:DTR) has disclosed that it and the US Government have each lodged motions with the United States Court of Appeals for the Ninth Circuit to stay a preliminary injunction pending appeal, following a decision in the California District Court, with the company seeking to resume work at its Colosseum Gold-REE Project in California.
Key Points
- Dateline Resources and the US Government have each filed stay motions with the Ninth Circuit Court of Appeals following a California District Court decision.
- The stay motion will be decided by a three-judge panel of the Ninth Circuit.
- The motions address the merits of the appeal, harm caused by the injunction, the limited impact of resuming work, and the national interest.
- The company maintains the Plan of Operations approved by the Bureau of Land Management in 1985 constitutes a valid existing right that survived the creation of the Mojave National Preserve.
Ninth Circuit Stay Motions Filed by Dateline and US Government
According to the filing, Dateline Resources and the US Government lodged separate motions with the United States Court of Appeals for the Ninth Circuit following Friday's decision in the California District Court. The motions seek a stay of the preliminary injunction pending appeal and will be decided afresh by a three-judge panel of the Ninth Circuit. The company stated the application was lodged to allow work at the Colosseum project to resume while the appeal proceeds.
Grounds Addressed in the Stay Motions
The filing states the motions address each of the factors the Court must weigh when considering a stay application. These factors include the merits of the appeal, the harm caused by the injunction, the limited impact of resuming work, and the national interest. The motions submit that each of these factors favours granting a stay. The company said it will update the market as the case progresses.
Colosseum Project and Company's Legal Position
Dateline Resources owns 100% of the Colosseum Gold-REE Project, located in the Walker Lane Trend in East San Bernardino County, California, 10 kilometres north of the Mountain Pass rare earth mine. The company's position is that the Plan of Operations approved by the Bureau of Land Management in 1985 constitutes a valid existing right that survived the creation of the Mojave National Preserve, as recognised by the National Park Service in 1995, 2024, and again in April 2025. A gold Bankable Feasibility Study was completed on the project in May 2026.



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