Brandons Case update! Seem like good news!

[Bnugget]

Brandon's Case update! Seem like good news!

I have recieved an update on my case, the court is asking for oral argument in regards to the Eighth Circuit's Decision on federal preemption in the South Dakota Mining Ass'n v. Lawrence County, which seems very positive!

...06/12/2014 Argument order sent. Monday, July 28, 2014, at 2:00 p.m. The parties shall be prepared to discuss the holding in South Dakota Mining Ass'n v. Lawrence County (8th Cir. 1998) 155 F.3d 1005. HULL, Acting P.J....

(This date may change due to scheduling conflicts per some emails I recieved.)

Here is a link,

155 F.3d 1005: South Dakota Mining Association, Inc.; Homestake Miningcompany, of California; Wharf Resources, a Montana Generalpartnership; Golden Reward Mining Company Limitedpartnership; Naneco Minerals, Inc.; Fred J. Gali; Iwalanai. Gali, Plainti

 

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[Fullpan]

Was just thinking about the enviros being allowed to dredge lake combie and planning other places,, how did they get around the ban? Seems like the judge might like to know enviros are recieving tax payer funding and have the blessing of state agencies? I know at this point in the case they are focusing on spacific points of law,,,,but,,, greenies got a permit!!!

They are in bed with the agencies, lawmakers, and local water authorities. The "pilot project" will increase "scientific knowledge" blah, blah, so variances were
easy. But the one sticking point in my mind is the new definition of what a dredge is..no matter what language they come up with, the machine at Combie will be "suctioning". That seems to me grounds for a lawsuit to halt operations.

 

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[Oakview2]

Worse yet, they got 10 million claiming 98 percent recovery, and rumor has it they are struggling to get in the low eighties. How do you spell Fraud, I spell IZZY MARTIN AND THE SIERRA FUND.

 

[Clay Diggins]

Oh man you've got my hopes up on this one Brandon! That's not just a win for your state that would be a win in precedent for the state of Idaho against the EPA as well. They moved in 2 years ago and required that you get a dredging permit from them when Idaho already has a permit system. Then they restricted the numbers to 60 and everyone started selling dredges. If you win this at least the claim owners won't have to get an EPA permit and they can continue to use Idaho's water permit system.

Claim owners and prospectors don't have to get a permit from the EPA to dredge even now. The Supreme Court has twice ruled that the EPA can't require a permit for instream sediment. The court has been very clear about the EPA's overreach in trying to include stream sediments in any definition of pollution.

Don't pay any attention to the EPA permits. Literally all anyone has to do if the EPA ever attempts to fine someone for dredging without a permit is to put the judge on notice of the prior Supreme Court decisions and the case will be dismissed. No lawyers - no BS. Just go dredge.

As far as a California appeals court making precedence for Idaho... ain't gonna happen. One State's courts don't create precedence for another State's courts. Equally a State court decision doesn't create precedence for federal courts either. Apples and oranges.

Now go get some gold and ignore the EPA. They are all bark and no bite in this situation.

 

[bedrock bubba]

So what is keeping us with our mercury reclamation machines from filing for a special use permit for "scientific research"?
We can get a few University students to work with us, and file for some grant money!

Of course we will get 98% of the mercury, and throw all that evil gold back in the water! LOL!

 

[timberjack]

You should also charge calif. Fish and game $200/hr and $1000 a gram for the merc. Recovered to make it worth while,,,but,, keep the gold, the Sierra club is going too...E-3 all the way!

 

[dredgeman]

They did not get a variance. The operation at Combie is a waterway maintenance project. The dredge definition specifically says for mineral extraction. They say their equipment is remediation for the reservoir and waterway rehabilitation.

 

[dredgeman]

So what is keeping us with our mercury reclamation machines from filing for a special use permit for "scientific research"?
We can get a few University students to work with us, and file for some grant money!

Of course we will get 98% of the mercury, and throw all that evil gold back in the water! LOL!

Fish and Wildlife have all but stopped issuing Special Permits.

 

[Oakview2]

Isn't cinnebar, the host of elemental mercury a mineral, seems to me like they are in violation

 

[timberjack]

And cant i just say i am going after mercury? E-3 and all, common sense enviromental stewardship. I just want to help :-)

 

[Bnugget]

Update! Just got notice they are pushing my oral arguments out to Sept. 15. Delay,delay,delay! It's getting old. I really wish this would just be over with so it's not hanging over my head anymore.

New date is Monday, September 15th @ 9:30am.

 

[dredgeman]

Hang in there
That is just how they wear you out. Make you wait until you cant stand it anymore.

You have one of the only cases that is has a valid chance in Ca. It will also have a direct bearing on the case we have coming up beginning in Sept also.

 

[Bnugget]

Oh I'm hanging, I can just be impatient sometimes. Wish I could afford sometime off of work and hit the rivers, something always seems to come up on the weekends.

My Gold fever is acting up lately and I'm all out of meds right now,lol! Reading everyone's posts on this forum just makes it worse but I enjoy reading anyways.

 

[goldenIrishman]

Update! Just got notice they are pushing my oral arguments out to Sept. 15. Delay,delay,delay! It's getting old. I really wish this would just be over with so it's not hanging over my head anymore.

New date is Monday, September 15th @ 9:30am.

Hey B,

Who was it that requested that the arguments date be moved out and more importantly why? Seems to me that both sides would have to agree to a change of date before one was granted. If no good reason for the change is given (and using it as a delaying tactic is NOT a good reason) then it shouldn't be allowed.

Seems that the promise of a fair and speedy trial is a thing of the past in this country anymore.....

 

[bedrock bubba]

Hey B,

Who was it that requested that the arguments date be moved out and more importantly why? Seems to me that both sides would have to agree to a change of date before one was granted. If no good reason for the change is given (and using it as a delaying tactic is NOT a good reason) then it shouldn't be allowed.

Seems that the promise of a fair and speedy trial is a thing of the past in this country anymore.....

The Dark Forces just want to make sure that we cant dredge this summer, like they do every season.

I still don't see why we cannot get grant and Guvie money to set up our own mercury reclamation project and clean up the enviironment. Can anyone state valid reasons this is not possible?

 

[Bnugget]

Hey B, Who was it that requested that the arguments date be moved out and more importantly why? Seems to me that both sides would have to agree to a change of date before one was granted. If no good reason for the change is given (and using it as a delaying tactic is NOT a good reason) then it shouldn't be allowed. Seems that the promise of a fair and speedy trial is a thing of the past in this country anymore.....

The date was moved due to one of the district attorney generals(Marc Melnick)who as been reviewing my case, having a family vacation planned for the original date, they negotiated the new date based on everyone's availability. I don't believe it was a delay tactic because he suggested moving it sooner rather than later but that date didn't work for some reason. I don't get all the info. This is what I know.

 

[Fullpan]

The Dark Forces just want to make sure that we cant dredge this summer, like they do every season.

I still don't see why we cannot get grant and Guvie money to set up our own mercury reclamation project and clean up the enviironment. Can anyone state valid reasons this is not possible?

There is no reason - just herding the cats together to make it happen. 1st, create non-profit. 2nd, submit applicationfor grant. - poof, there u have it !

 

[Hoser John]

ANOTHER SEASON STOLEN FOR NO ^%$#@ REASON