CA Supreme court to Review Rinehart

minerrick

Sr. Member
Feb 18, 2013
277
357
Detector(s) used
Makro Racer
Primary Interest:
All Treasure Hunting
More is what you've got.

Look to this page to see when it gets published: California Courts - Appellate Court Case Information

This thing as just gotten exponentially more complicated. If you REALLY want to help, send everything you can afford to Brandon's attorney, otherwise it will be coming out of HIS POCKET. Send your donations to:

James Buchal
Murphy & Buchal LLP
3425 SE Yamhill St, Suite 100
Portland, OR 97214
 

Prospector70

Hero Member
Nov 6, 2013
832
1,256
Detector(s) used
Bazooka Gold Trap 48", Keene A51 sluices and a
Number 2 Shovel baby!
Primary Interest:
All Treasure Hunting
I certainly hope Keene and Jobe and Proline have already donated...

Can we start a crowdfunding app for the good Mr. Buchal?
 

minerrick

Sr. Member
Feb 18, 2013
277
357
Detector(s) used
Makro Racer
Primary Interest:
All Treasure Hunting
You can bet that all the manufacturers have been hit a dozen time by everyone. And it is my guess that they will keep contributing, but now it's time for all the guys who have been sitting on the sidelines to pitch in. This thing will only be won if EVERYONE pitches in whatever they can afford. If it is only $1 that is good enough. If 15000 mining claim owners in CA pitched in a dollar, we'd be way better off. There are probably a lot of miners that have no clue that there are court battles going on (yes, really) and there are probably others hoping that someone else will send in enough so they won't have to pitch in.

Everyone is in a pinch financially these days, so if you cannot give money maybe you can donate something that can be sold. I donated some gold to be sold and I HATE giving up gold (more than I hate anything else in this world), but the deal is EVERYONE has to pitch in to see this thing through.

And one more time, James Buchal is Brandon Rinehart's attorney, and if you want to donate to THAT fight either give on BRANDON'S website or send the money DIRECTLY to James Buchal. That is the best way to ensure that your money goes to the right court fight. Other organizations have other fundraising efforts going on, and if you want to help their cause, it is up to you to do the due diligence to see, exactly what that specific fundraising for each other group is about.
 

winners58

Bronze Member
Apr 4, 2013
1,729
4,058
Oregon
Primary Interest:
All Treasure Hunting
Rallies, sign waving and protests outside the court house.

As PLP has argued;

>Miners and prospectors on Federally managed land have a statutory right; not just a mere privilege;

>Administrators may not unreasonably restrict or prohibit, temporarily or permanently, the exercise of that right;

>The issuance of a permit from DFW is a non-discretionary act

>SB670, AB120, SB1018 and the 2012 regulations are PROHIBITORY not regulatory in their fundamental character
and that they are in direct conflict with Federal laws and violate the Supremacy Clause and Article IV of the United States Constitution.

>And on a Federal mining claim where a waterway runs through it that a suction dredge is the ONLY viable, economic and environmentally sound manner to recover placer gold.
.
 

OP
OP
ratled

ratled

Hero Member
Feb 18, 2014
950
2,396
Primary Interest:
All Treasure Hunting
I believe this will fast track things one way or another. I believe that when/if the Cal Sup Court upholds Rinehart, or even takes it a step further as Judge Ochoa did,a finding in our favor will settle things at the State level once and for all. In the chance they don’t, then we are fast tracked to Fed court, where we have always wanted to be but “(had) have to exhaust our state remedies first”.

Before anyone gets all sideways on this, give Buchal the opportunity to work his magic, in the meantime give him a break…… and a few dollars.

ratled

Never confuse motion with progress


Illegitimi non carborundum

__________________
███ ████ everything ████ ███ ███████ ██ is ███████ fine █████.
███████ ██ ████ trust █████ your █████ ███ government.
 

Last edited:

Hoser John

Gold Member
Mar 22, 2003
5,854
6,721
Redding,Calif.
Primary Interest:
All Treasure Hunting
Thanx much for links as "DONATIONS ARE AKIN TO TRANSLATING A FOREIGN LANGUAGE---SOMETHING ALWAYS DISAPPEARS IN THE TRANSLATION. If I want to support the Miners in Calif I don't send the cash to the Tea Party in Texas.....John
 

Goldwasher

Gold Member
May 26, 2009
6,077
13,222
Sailor Flat, Ca.
🥇 Banner finds
1
Detector(s) used
SDC2300, Gold Bug 2 Burlap, fish oil, .35 gallons of water per minute.
Primary Interest:
All Treasure Hunting
Is it true that since the Sup. court is reviewing that the other decision is de-published? Asking cause I read that somewhere else.
 

calnatv

Full Member
Mar 19, 2011
143
215
A email reply from Stopher to me:

Following the Appeals Court decision in the Rinehart case, and Judge Ochoa's Ruling in San Bernardino County Superior Court, on January 21, 2015, the California Supreme Court voted to hear the issues related to possible Federal preemption related to suction dredge gold mining. Until the Supreme Court resolves this issue, the existing moratorium on suction dredge gold mining remains in effect, and the California Department of Fish and Wildlife cannot issue suction dredge permits. We cannot predict with any certainty how long this may require though it is likely to require at least several months, and perhaps longer, to resolve.

Mark Stopher
Senior Policy Advisor
California Department of Fish and Wildlife
601 Locust Street
Redding, CA 96001
Office 530.225.2275 Cell 530.945.1344
[email protected]
Redirect
 

ScottC

Jr. Member
Jun 21, 2009
50
39
I'm beginnings to think this is all about lawyers making and enviro groups making money. Lawyers get paid as long as this stays in court. And they all know that in several years the Supreme Court will rule in the miners favor because it's already law that they can only reasonably regulate and not ban mining on a federal mining claim. One thing is for sure, it sounds like the lawyers are connected to people and judges in power and are calling in favors.
 

NeoTokyo

Bronze Member
Aug 27, 2012
1,803
1,580
Redding
🥇 Banner finds
1
Detector(s) used
Eyes - Nokta FORS Gold - Fisher Gold Bug II
Primary Interest:
Prospecting
wtf is that? Is Mark pretty much ignoring what already happened?
 

Jeff95531

Silver Member
Feb 10, 2013
2,625
4,094
Deep in the redwoods of the TRUE Northern CA
Detector(s) used
Teknetics Alpha 2000
Primary Interest:
Prospecting
A email reply from Stopher to me:

Following the Appeals Court decision in the Rinehart case, and Judge Ochoa's Ruling in San Bernardino County Superior Court, on January 21, 2015, the California Supreme Court voted to hear the issues related to possible Federal preemption related to suction dredge gold mining. Until the Supreme Court resolves this issue, the existing moratorium on suction dredge gold mining remains in effect, and the California Department of Fish and Wildlife cannot issue suction dredge permits. We cannot predict with any certainty how long this may require though it is likely to require at least several months, and perhaps longer, to resolve.

Mark Stopher
Senior Policy Advisor
California Department of Fish and Wildlife
601 Locust Street
Redding, CA 96001
Office 530.225.2275 Cell 530.945.1344
[email protected]
Redirect

Man, that threat is real. "We're the government and we'll take as :censored: long as we want to correct our errors." Looks like the judge(s) need to add a deadline for restoration of our taken rights.
 

Bejay

Bronze Member
Mar 10, 2014
1,026
2,530
Central Oregon Coast
Detector(s) used
Whites GMT
Garret fully underwater
Primary Interest:
Prospecting
Man, that threat is real. "We're the government and we'll take as :censored: long as we want to correct our errors." Looks like the judge(s) need to add a deadline for restoration of our taken rights.


I am not sure if it is "KOSHER" but I think I would forward that response to Judge Ochoa and anyone else that might find it to be "attempting to obstruct by delay"!

I have been around a lot of sore losers who let their "power" dig holes in which they can not ever climb out of!


Bejay
 

Rdg Sluicer

Sr. Member
Dec 11, 2012
345
367
Redding, Ca
Detector(s) used
BGT Prospector

BGT Super Mini

Angus MacKirk Explorer

South Yuba Mining Highbanker
Primary Interest:
Prospecting
Mark Stopher will answer all your questions as polite as he can but make no bones about it he would love to screw us all!!! Dont trust that guy for a min! I talked to him once a few years back and by our conversation it was obvious he had been lerking on this board as well as he was quoting things that had been poster here. Just an FYI... remember what side he is on!
 

Last edited:

ScottC

Jr. Member
Jun 21, 2009
50
39
You know, I like the dept of fish and game, at least back in the 1970s I did, I remember talking to them out in the field all the time, they used to be the miners friend. I haven't talked to a fish and game field officer in decades. But from the sounds of it things have changed.
 

Goldwasher

Gold Member
May 26, 2009
6,077
13,222
Sailor Flat, Ca.
🥇 Banner finds
1
Detector(s) used
SDC2300, Gold Bug 2 Burlap, fish oil, .35 gallons of water per minute.
Primary Interest:
All Treasure Hunting
Mark Stopher will answer all your questions as polite as he can but make no bones about it he would love to screw us all!!! Dont trust that guy for a min! I talked to him once a few years back and by our conversation it was obvious he had been lerking on this board as well as he was quoting things that had been poster here. Just an FYI... remember what side he is on!

What side he is on is of no matter as long as we make it a point that he remembers who he actually works for!!!!!!!!!! I think there are quite a few who are being reminded that their checks come from our pockets and we have had enough!
 

Helogold

Newbie
Jan 21, 2015
4
6
Northern California
Detector(s) used
Garrett, White, Mine Lab
Primary Interest:
All Treasure Hunting
Well, you know what. I think I'm just gonna dredge anyway, and if cited, I'll just join Rinehart in a case against the government. I currently have a valid placer claim on USFS land and would almost invite California Fish and Game to cite me. In the interim, I'm gonna send Attorney Buchal a $100 to help with the cause.
 

Top Member Reactions

Users who are viewing this thread

Top