Idaho lawmaker are meeting on friday morning on dredging bill

[littlenugget1]

there will be a full house meeting on friday the 28th.about the dredging bill in idaho. will post the time and what room as soon as i get more info. NWP is sending about 150 members down here as well. lets see if we can get as many to be there as well.

Thanks

 

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[russau]

a word to the wise! research who acctually is writeing these bills! because,usually it sure isnt a elected socalled "representative" ! its people that have a vested interest in these bills and fill them with loop holes that will benifit them-NOT US! then our socalled "representatives" go back after much yelling and act like they are trying to close these loop holes! big game for them- big loss for us!

 

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[littlenugget1]

THIS IS A MUST DO TODAY THING


ACTION NEED
TODAY
We need to contact Mr. Brent Hill, Senate Pro Tempore, in response to H473 that passed in the House Resource Committee yesterday.


?? QUESTION ??
When will H473 be presented to the Senate Resource and Environmental Committee?


CONTACT INFO
Brent Hill 208-332-1300 [email protected]


THANK YOU
To ALL that testified yesterday before the House committee, and to ALL of you that showed up to support H473. Numbers do help, let’s do it again, contact Mr. Hill - - TODAY Call or Email
Gary Scott
208-921-9506

 

[littlenugget1]

if you look deep enough you will see who is shutting down dredging!



Supreme Court: ESA Trumps 1872 Mining Act

Ruling Strikes Down U.S. Forest Service Approvals of Mining Projects Across the West
Published on Mar 19, 2013 - 8:22:07 AM

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By: Karuk Tribe

WASHINGTON, D.C. March 18, 2013 - Today the Supreme Court let stand a decision from the En Banc panel of 11 judges of the federal Ninth Circuit Court of Appeals in San Francisco that essentially establishes that the Endangered Species Act (ESA) trumps the 1872 Mining Act. Recreational mining groups had filed a petition with the Supreme Court asking that they overturn the lower court decision, but the petition was denied.

"This decision is a great victory for the Karuk Tribe and everyone else who believes that federal agencies must act to protect our natural resources and fisheries," according to Buster Attebery, Chairman of the Karuk Tribe.

The Appeals Court ruling last June stemmed from a lawsuit filed by the Karuk Tribe in Northern California in 2004 alleging that the U.S. Forest Service had violated the federal Endangered Species Act (ESA) when the agency approved a slew of mining operations in ESA listed coho salmon habitat in and along the Klamath River in northern California.

The Tribe filed the lawsuit to protect salmon which are cornerstone of the Tribe's culture and traditional diet. Beginning in the early 1990s, a flood of smaller-scale recreational mining operations, primarily suction dredging operators, invaded the Klamath River system to search for gold in and along the banks of these rivers and streams. As described by the Appeals Court's decision, "These miners use gasoline-powered engines to suck streambed material up through flexible intake hoses that are typically four or five inches in diameter. The streambed material is deposited in a tailings pile in or beside the stream. Dredging depths are usually about five feet, but can be as great as twelve feet." The Appeals Court detailed the scientific studies that found that suction dredging in critical species habitat "can directly kill and indirectly increase mortality."

Beginning in 2003 and 2004, the Forest Service allowed suction dredging and related practices known as highbanking and power sluicing on more than 35 miles of the Klamath River and its tributaries, without conducting any public environmental reviews, without subjecting its actions to any public notice, and, importantly for this case, without any compliance with the ESA. The Tribe's lawsuit challenged the agency's failure to protect the salmon and its habitat, which have been determined by the National Oceanic and Atmospheric Administration (NOAA) to be threatened with extinction. The agency had approved all of the mining via its "Notice of Intent" (NOI) process, which the agency argued exempted itself from compliance with federal environmental and wildlife protection laws.

The Appeals Court rejected that claim, concluding that: "We therefore hold that the Forest Service violated the ESA by not consulting with the appropriate wildlife agencies before approving NOIs to conduct mining activities in coho salmon critical habitat within the Klamath National Forest."

"This decision sets a major precedent across the western states," said Roger Flynn, lead attorney representing the Tribe, and the Director and Managing Attorney of the Western Mining Action Project, a Colorado-based non-profit environmental law firm specializing in mining issues in the West. "The government and miners had argued that the archaic 1872 Mining Law, which is still on the books today, overrides environmental laws such as the Endangered Species Act. The Appeals Court flatly rejected that untenable position and today the Supreme Court refused to overturn that ruling." said Flynn.

Although focused on the mining in northern California, the Forest Service's practice of failing to consider the ESA when approving smaller-scale mining projects such as suction dredging occurs throughout the West. "Today's decision sets the proper balance between mining and the protection of clean water and wildlife habitat across the West," noted Flynn. "The law requires that the federal agencies ensure that mining is responsible and reasonable, and protects communities and the environment. The Court today re-affirmed this guiding principle of federal public land management." said Flynn.

A copy of the decision from the En Banc panel of the federal Ninth Circuit Court of Appeals can be found on the Court's website at: http://www.ca9.uscourts.gov/datastore/opinions/2012/06/01/05-16801.pdf

 

[russau]

they keep allowing the word, "recreational" into these court proceddings and itll mess things up EVERYTIME!

 

[Gold Maven]

These Salmon run up the stream in the spring, spawn and die.....right?

If the Salmon are what they are worried about, couldn't there at least be a dredging season after their run?

 

[littlenugget1]

Well it could be but thats not what they are really worried about that is just a passage till someone figures that is all lies and there is no harm then they find another subject to attack it is just the way they work and that is not just out west it is all over the world. Look at the coal plants in the east trying to shut them down. and so on and so on.

 

[Hoser John]

Nothing to do with dredging in any way shape or form with the SUE"M all Karuk tribe-John

 

[littlenugget1]

Well we know you did help out a lot for us John. But some people just don't know who is actually in the Karuk's tribes pockets.
The post that was made about the ESA Trumps 1872 Mining Act was mailed to me from a EPA official here in Idaho. I was just updating everyone on what they are trying to pursue here and that came from the official's mouth. I'm just a messenger trying to help save our rights for mining because the more people that are knowledgeable about the whole picture and not just the front cover will help us out tremendously.

 

[Lanny in AB]

Littlenugget1,

Thanks for the article and the update. Very interesting information.

All the best,

Lanny

http://www.treasurenet.com/forums/metal-detecting-gold/69-bedrock-gold-mysteries.html

 

[2cmorau]

Endangered Species Act (ESA) trumps the 1872 Mining Act. Recreational mining groups had filed a petition with the Supreme Court asking that they overturn the lower court decision, but the petition was denied. "The government and miners had argued that the archaic 1872 Mining Law, <--------who wrote this?
It's what’s being said of the bill of rights, our constitution is archaic until the butch Lois Lerner, needs it
Thank you all for voting in a manner that violates the rights of all individuals.
dam right i am pissed

 

[russau]

the trouble as i see it, most "Americans" dont want to be bothered by anything other than sitting on the couch watching the favorit TV shows or something else. untill we ,as a nation, get involved, our rights will contimue to fade away! o is helping us lose our rights as fast as he can,and the socalled "representatives" of ours dont help 1 bit! VOTE THEM AZZS OUT or we may as well quit complaining about it!

 

[littlenugget1]

To the mining community and our supporters, here in idaho



Here's Brent Hill's email and office number:

[email protected]

208-356-7495



We need to get 300-400 people to reach out to Sen. Hill via phone and email to make sure the hearing is in the Senate Resources and Environment Committee whose Chairman is Monty Pearce.



We need to ask Brent Hill when H473 will get a hearing in the Senate.



Please get this out to everyone you know and we need to act fast!

Don

 

[littlenugget1]

EPA nullification bill fails to advance