"TO REPRESENT AND ASSIST OUTDOOR USER GROUPS AND INDIVIDUALS INTERESTED IN KEEPING PUBLIC AND PRIVATE LANDS OPEN TO PROSPECTING, MINING,AND OUTDOOR RECREATION THROUGH PUBLIC EDUCATION, SCIENTIFIC DATA, AND LEGAL MEANS."
It Is Bottom of the Ninth
Be advised small mining community, suction dredging is about to disappear permanently in California if PLP does not immediately obtain substantial additional funding. The California outcome will reverberate throughout all of the states with suction dredge mining. If we lose, the radical environmentalists have a roadmap to replicate their success everywhere.
PLP’s preliminary injunction arguing irreparable harm to the small miner was denied by our judge despite the fact that a Siskiyou County case found in favor of irreparable harm to the miners. Our trial is again delayed, this time until May 2014.
Our deep pocket opponents: the radical environmentalists; the Karuk Indians; and the State of California; have no financial issues. Their combined effort to delay our case has successfully run PLP out of money. Without additional funding, PLP will not be able to continue hiring legal representation nor pay our share of the estimated $100,000 administrative fees required by the State to compile the complete record of all the previous trials.
There are two ways for miners to never be able to suction dredge in California again: have our judge rule against us on the merit of the case, which is appealable; or PLP failing to show up for the case because we ran out of money, which is not appealable.
Folks, we need a grassroots effort here. PLP is requesting that each club immediately become creative and initiate fund raising opportunities. Designate the resultant funds for our collective legal fight.
PLP is calling on all clubs to immediately encourage each one of their club members to enroll as individual PLP members. The annual individual membership is $35.00. That is only 9.6 cents per day per member. Is there any small miner who cannot afford a dime a day? A family membership for $50.00 is only 14 cents a day. But, why stop there? Imagine what can be done if every small miner gave 30 cents a day. PLP could really go on the offensive and take the small miner fight to the rest of the nation. Thirty cents is just the change that you take out of your pocket and throw into a jar at the end of your day.
Let’s be clear fellow miners, suction dredging is only the opening gambit in the admitted radical environmentalist effort to eliminate all prospecting & mining in the country, not just California. Highbanking, sluicing, dry-washing, panning and even metal detecting are all on the chopping block. You need to look no further than Oregon to see that prediction coming true.
For this case, it is the bottom of the ninth inning. We either open our wallets or we permanently lose prospecting and small mining in California. Remember folks, in so many ways where California goes so goes the rest of the nation. If they beat us here, they will beat us everywhere. Let’s give the radical environmentalists and the complicit government a legal whopping that they won’t soon forget.
To join or donate to PLP visit www.plp1.org and access USA EPay or send a letter to Public Lands for the People, Inc. at 20929 Ventura Blvd., Ste 47-466,Woodland Hills, CA 91364 or call (909)-889-3939.
Public Lands for the People's goal is to uphold constitutional and statutory rights related to the use of appropriated and unappropriated public lands by
1. Educating the public about their rights & laws that apply in their activities. 2. Educate the government agencies in their application of those laws.
KNOWLEDGE IS POWER AND WE CAN GIVE YOU THAT KNOWLEDGE!
October 16, 2013
On August 28, 2013, Judge Gilbert G. Ochoa, of the San Bernardino County Superior Court, denied PLP’s Motion for a Preliminary Injunction on the grounds there was no proof of irreparable harm caused to miners by California’s ban on suction dredge mining. Judge Ochoa appeared to take the position that whatever harm occurred to the miners could eventually be made good by the payment of money damages. Among numerous matters, PLP, in its Motion papers, and at oral argument, vigorously asserted that the fact that the miners face criminal prosecution if they violate an unconstitutional statute, was in and of itself irreparable harm. A criminal record attaching to a miner’s good name is not something that can be made whole by the payment of money damages.
One of the cases that PLP brought to Judge Ochoa’s attention was the criminal conviction of Brandon Rhinehart for suction dredge mining in violation of California’s prohibition on such mining. PLP help retain an attorney for Mr. Rhinehart in defense of his prosecution for violating the ban on suction dredge mining. The conviction of Mr. Rhinehart has been appealed, and PLP has been informed that the California Court of Appeal has accepted Mr. Rhinehart’s case for review.
In addition, PLP’s attorney is appealing to the Court of Appeal Judge Ochoa’s denial of a Preliminary Injunction staying the ban on suction dredge mining. The Rhinehart case will figure as an example of irreparable harm caused to miners should they violate California’s unconstitutional prohibition on suction dredge mining. Both appeals will raise issues not only of irreparable harm, but also of Federal preemption allowing suction dredge mining, making the California prohibition on suction dredge mining unconstitutional.
PLP has previously been successful in the Court of Appeal in having that Court overturn the decision of a Superior Court Judge who prohibited issuing of permits for suction dredge mining, prior to the California statute banning such mining that is now in intensive litigation.
PLP’s appeal, as well as the Rhinehart appeal, does give miners hope for light at the end of the tunnel, and could well bring suction dredge mining back to California before the next dredging season. PLP would like to thank all of the folks who have supported us in the past, and thank those who will continue their support in the future. PLP is fighting for you!
President, Public Lands for the People, Inc.
Update August 28, 2013
Preliminary Injunction Denied
Sorry to inform all of the suction dredge miners that the Court denied the Preliminary Injunction. He found that the miners did not have irreparable harm. He will writing up a decision on the demurrers that were filed, probably next week.
If I had to guess why he felt the miners had no harm it would be because about 80% of the miners that have been involved in this whole process consider themselves as recreational. No matter how much we have driven home to the public that they are not considered recreational, they still maintain that they are.
Personally, I don't feel there is such a thing as recreational mining simply because, if someone could show them where they could pan an ounce of gold and hour, you could shoot dice on their shirt tail as they are running to that spot. A mining claim has rules and they are what can be done on a mining claim. Recreation is not on the list.
The trial date was postponed till sometime in May of 2014 but in the meantime there will be several motions and the acquisition of the complete record for all of the cases. We were informed today that the record is several hundred thousand pages and is the largest record in the history of the Ca. Fish and Wildlife and the cost of that record to the plaintiffs can be $100,000 or more.This far more money than we could normally acquire so again if we want to stay in this case we have got to rely on the miners and the clubs to help us raise the necessary funds. By staying in this lawsuit and fighting, we do not know the outcome yet, but we do know the outcome if we do not fight back.
due to listing of 479 Endangered Species in 14 California counties!
EL DORADO COUNTY Chamber of Commerce’s Voice of Business
542 Main St. • Placerville, CA 95667 • (530) 621-5885 • www.eldoradocounty.org
March 4, 2013
YOU CAN HELP By Laurel Brent-Bumb Chief Executive Officer The purpose of this article is to state our support of all efforts to preserve the constitutional, historical and property rights of miners in El Dorado County and the State of California and to share a perspective of the impact that mining and suction dredging have on public health and safety. Alarming attacks against the mining industry in El Dorado County and other parts of the state suggest, based on flawed science, that suction dredging “may”, “might” “could” harm the environment. This is not reliable science when other studies in support of suction dredge mining give specific facts that prove suction dredge mining cleans rivers and streams of mercury, lead, trash and other harmful substances and improves wildlife habitat. We are concerned about the constitutionality and legality of the tactics and strategies used to enforce the laws that deny miners their rights to earn a living. There often seems to be an imbalance between laws implemented to protect the environment and those that impact people. Regulatory provisions have increased unemployment, reduced the miner’s ability to survive, have eliminated precious tax revenues, threaten businesses and jeopardized the constitutional rights of our miners. No evidence has been presented that show that proper coordination and consistency has been initiated or achieved pursuant to federal and state law. The unreasonable environmental policies implemented at the expense of people and jobs adversely impacts wages and tax revenues and is having a negative impact on our economy and heritage. The El Dorado County Chamber supports our miners and their constitutional rights. The decline of once thriving industries such as, mining, timber, farming and ranching is impacting our economy, traditions, heritage and health and safety. Please join the Chamber in our support of miners by writing to;
Public Lands for the People
President Jerry Hobbs
7194 Conejo Drive
San Bernardino, CA 92404
For any questions or more information, please contact me at 530 621 5885.
PLEASE DONATE TO PLP TO HELP SAVE OUR PUBLIC LAND RIGHTS!
PUBLIC LANDS FOR THE PEOPLE, INC. IS SOLELY MEMBER AND DONOR SUPPORTED. WITHOUT YOUR MEMBERSHIPS AND DONATIONS, PLP COULD NOT CONTINUE TO FIGHT IN COURT FOR YOUR RIGHTS TO USE PUBLIC LANDS OR FIGHT TO KEEP THEM OPEN!
PLEASE DONATE GENEROUSLY - WE THANK YOU FOR WHATEVER AMOUNT YOU CAN CONTRIBUTE!
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To Oppose Oregon Senate Bills SB 12, SB 115, SB 370, SB 388 and SB 401
We, the undersigned, by affixing our signatures to this petition, do hereby oppose Oregon Senate Bills SB 12, SB 115, SB 370, SB 388 and SB 401, which are intended to infringe upon or interfere with our rights to access, locate, develop and work the locatable mineral deposits upon the Public Domain of the United States under the 1872 Mining Act. As petitioners, we oppose any action made by the State of Oregon, its Legislature, its Governor, or its People, that poses a threat to our rights upon the Public Domain of the United States, which were granted to us by the Congress of the United States. As petitioners, we demand relief from the attacks made upon our rights by Oregon Senate Bills SB 12, SB 115, SB 370, SB 388 and SB 401 and demand that the State of Oregon, its Legislature and its Governor take immediate action to protect our rights and property. PLEASE SIGN TO HELP OREGON MINERS DEFEAT THESE ANTI-PROSPECTING/MINING BILLS!
NOT A POLLUTANT, LEGISLATIVE AND REGULATORY UPDATE ICMJ Prospecting and Mining Journal, February 2013, page 3.
A recent US Supreme Court ruling regarding the transfer of "pollutants" from one portion of a river to another is a win for miners. The Natural Resources Defense Council sued the Los Angeles County Flood Control District, alleging the county was polluting a stream when it took polluted water from one portion of a river and transferred it to another portion of the same river through a concrete channel.
The Ninth Circuit had ruled that the water transfer violated the Clean Water Act. In a unanimous decision, the US Supreme Court reversed the decision of the Ninth Circuit.
The Court stated, "...the transfer of polluted water between two parts of the same water body does not constitute a discharge of pollutants under the CWA. 541 U. S., at 109-112. We derived that determination from the CWA's text, which defines the term 'discharge of a pollutant' to mean 'any addition of any pollutant to navigable waters from any point source.' 33 U.S.C. §1362(12). Under a common understanding of the meaning of the word 'add,' no pollutants are 'added' to a water body when water is merely transferred between different portions of that water body."A link to the decision is available on our website under the Legislative and Regulatory Update column for February 2013.
One of the major regulatory tools agencies have used against in-stream placer miners-and suction dredgers in particular-has been struck down by this decision!
Other courts have also blocked overzealous water regulators In Virginia, District Judge Liam O'Grady ruled that the EPA exceeded its authority by attempting to regulate storm water runoff as a pollutant And in Siskiyou County, California, Superior Court Judge Karen Dixon found that the California Department of Fish & Game overstepped its authority by requiring permits for farmers and ranchers to take water from the Shasta and Scott Rivers
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