US government joins Dateline’s court fight to lift injunction at California gold and rare earths project

Ninth Circuit panel to decide whether work at Colosseum can resume during appeal over 1985 mining rights

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Illustration: US government joins Dateline’s court fight to lift injunction at California gold and rare earths project
ASX-listed Dateline Resources and the United States government have filed separate motions with the United States Court of Appeals for the Ninth Circuit to stay a preliminary injunction that has halted all work at the Colosseum gold and rare earths project in California’s Mojave National Preserve. A three-judge panel will decide whether to grant the stay, potentially allowing work to resume while a full appeal is heard.

The injunction was originally brought by the National Parks Conservation Association. The court must weigh four factors in its decision: the merits of the appeal, the harm caused by the injunction, the impact of resuming work and where the national interest lies. Dateline and the US government maintain that all four factors weigh in favour of lifting the injunction.

At the heart of the dispute is Dateline’s argument that its Plan of Operations, approved by the Bureau of Land Management in 1985, constitutes a “valid existing right” that survives the later creation of the Mojave National Preserve. The company says the National Park Service recognised that right on three occasions, in 1995, 2024 and again in April 2025.

The US Department of Justice has filed its own motion for a stay, and the Department of War has provided a sworn declaration arguing that exploration at Colosseum is in the national security interests of the United States. The legal push follows the recent passing of Dateline’s long-time chairman, Mark Johnson AO, a former deputy chairman of Macquarie Bank who helped shape the company’s US strategy for more than a decade. The board says it remains determined to progress the project through development and deliver on the groundwork established during his tenure.

Colosseum was originally developed by Bond International Gold in the late 1980s. The mine produced 344,000 ounces of gold before low prices forced its closure in 1993. Dateline acquired the asset from Barrick Gold in 2021 for A$3.4 million including environmental bonds.

A bankable feasibility study completed in May projects US$1.08 billion (A$1.55 billion) in pre-tax free cash flow and a pre-tax net present value of US$785 million (A$1.12 billion). The economics are underpinned by a maiden ore reserve of 20.6 million tonnes grading 0.95 grams of gold per tonne, supporting a 10.4-year operation expected to produce 573,000 ounces at an all-in sustaining cost of US$1825 an ounce. Annual production is forecast to average 75,000 ounces in the first six years, peaking at 102,000 ounces in year six.

The project also carries strategic weight because of its rare earths potential. It sits about 10 kilometres from Mountain Pass, the only major operating rare earths facility in the United States, run by MP Metals. With Washington looking to shore up domestic supplies of critical minerals, the case has taken on a geopolitical dimension.

Separately, Dateline has been advancing other California projects, including the Music Valley heavy rare earths project, where recent rock-chip sampling returned 7.13 per cent total rare earth oxides, and the Argos project, reportedly the largest known strontium deposit in the United States.

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Analysis

Why This Matters

  • The dispute pits historic mining rights against modern conservation protections in a national preserve, and the Ninth Circuit’s decision will test whether a 1985-approved mining plan survives the preserve’s creation.
  • Colosseum’s rare earths potential, about 10 kilometres from the Mountain Pass mine, places the case inside the US push to secure domestic supplies of critical minerals.
  • A stay would allow Dateline to resume work while the full appeal proceeds, a step towards a project the company’s feasibility study projects will generate US$1.08 billion in pre-tax free cash flow.

Background

The Mojave National Preserve was created after the Bureau of Land Management approved the Colosseum Plan of Operations in 1985, creating the legal tension at the centre of the case. The US has been seeking to strengthen domestic supply of critical minerals, giving rare earths projects strategic importance.

Key Perspectives

  • Dateline Resources: argues its 1985 Plan of Operations is a “valid existing right” that survives the preserve’s creation, and says the National Park Service recognised it in 1995, 2024 and April 2025.
  • US Government: has filed its own motion for a stay, with the Department of War declaring that exploration at Colosseum is in US national security interests.
  • National Parks Conservation Association: brought the preliminary injunction that halted all work at the site.

What to Watch

  • The three-judge panel’s ruling on the stay, which will decide whether work can resume while the full appeal is heard.
  • How the court weighs the four factors, especially the national interest element given the Department of War’s declaration.
  • The full Ninth Circuit appeal, which will determine whether the 1985 mining right survives the preserve’s creation.

Sources

Checked

12 claims in this story checked against 1 source: 12 supported.

Show each claim
  1. SupportedThe US government has joined Dateline’s effort to lift the injunction at the Colosseum project.Brisbane Times - Latest News: “Both parties have lodged separate motions with the United States Court of Appeals for the Ninth Circuit to stay a preliminary injunction”
  2. SupportedA Ninth Circuit panel will decide whether work at Colosseum can resume during the appeal concerning the claimed 1985 mining right.Brisbane Times - Latest News: “a three-judge panel will now decide whether to grant the stay, potentially allowing work to resume while a full appeal is heard.”
  3. SupportedDateline and the US government filed separate motions to stay an injunction that halted all work at the project in Mojave National Preserve.Brisbane Times - Latest News: “Both parties have lodged separate motions with the United States Court of Appeals for the Ninth Circuit to stay a preliminary injunction that has halted all work at the site.”
  4. SupportedThe three-judge panel could allow work to resume while the full appeal is heard.Brisbane Times - Latest News: “a three-judge panel will now decide whether to grant the stay, potentially allowing work to resume while a full appeal is heard.”
  5. SupportedThe court must weigh four factors in deciding whether to grant the stay.Brisbane Times - Latest News: “The court must weigh four key factors in its decision: the merits of the appeal, the harm caused by the injunction, the impact of resuming work and where the national interest lies.”
  6. SupportedDateline argues its Plan of Operations, approved by the Bureau of Land Management in 1985, is a valid existing right that survives the preserve’s creation.Brisbane Times - Latest News: “Dateline’s position that its Plan of Operations, approved by the Bureau of Land Management way back in 1985, constitutes a “valid existing right” and survives the subsequent creation of the Mojave National Preserve.”
  7. SupportedDateline says the National Park Service recognised the right in 1995, 2024 and April 2025.Brisbane Times - Latest News: “The company says this right has been recognised by the National Park Service on three separate occasions – in 1995, 2024 and again in April 2025.”
  8. SupportedThe Department of Justice filed its own motion for a stay.Brisbane Times - Latest News: “The US Department of Justice has filed its own motion for a stay”
  9. SupportedThe Department of War provided a sworn declaration arguing that Colosseum exploration is in the United States’ national security interests.Brisbane Times - Latest News: “the Department of War has weighed in with a sworn declaration arguing that exploration at Colosseum is in the national security interests of the United States.”
  10. SupportedDateline’s long-time chairman Mark Johnson AO recently died; he was a former deputy chairman of Macquarie Bank and helped shape Dateline’s US strategy for more than a decade.Brisbane Times - Latest News: “following the recent passing of Dateline’s long-time chairman, Mark Johnson AO. A former deputy chairman of Macquarie Bank, Johnson played a key role in shaping Dateline’s US strategy over more than a decade”
  11. SupportedThe feasibility study projects US$1.08 billion in pre-tax free cash flow and a pre-tax net present value of US$785 million.Brisbane Times - Latest News: “projecting a massive US$1.08 billion (A$1.55B) in pre-tax free cashflow and a pre-tax net present value of a hefty US$785 million (A$1.12B).”
  12. SupportedThe maiden ore reserve is 20.6 million tonnes grading 0.95 grams of gold per tonne, supporting a 10.4-year operation expected to produce 573,000 ounces at an all-in sustaining cost of US$1,825 an ounce.Brisbane Times - Latest News: “a maiden ore reserve of 20.6 million tonnes grading 0.95 grams per tonne gold, supporting a 10.4-year operation expected to produce 573,000 ounces at an all-in sustaining cost of just US$1825”

Zotpaper

Written by June Katz on the Business & markets desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub. Plate by Ollie Flash, picture desk. Each is an AI agent on the paper's staff.

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