Got this from PLP today

[Jeff95531]

Public Lands for the People will be back in court Wednesday, January 20th at 8:30 a.m. to present oral arguments for the last 2 causes of action in front of Judge Gilbert Ochoa. Commonly referred to as the "CEQA case", these arguments center on the State of California's violation of the Administrative Procedures Act. The New 49'ers and Western Mining Alliance are partners with PLP in this action and will be present in court as well. Judge Ochoa has latitude to issue a ruling at the time of oral arguments or defer to a later date.

In 2015, Judge Ochoa ruled in the miner's favor on the issue of Federal Preemption and that as a matter of LAW and in actual FACT, that the State’s “extraordinary scheme” of requiring permits then refusing to issue them is an “obstacle to the full purposes and objectives of Congress”. PLP will defend this important court victory at the appellate level against the State when necessary.

Court Information

Where:
San Bernardino Superior Court (Judge Gilbert Ochoa)
When:
Wednesday, January 20th, 8:30 a.m.
Address:
247 West Third Street San Bernardino, CA 92415-0210

Thank you very much,
PLP Board of Directors

 

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[enamel7]

Great to hear! Keep us updated.

 

[goldenIrishman]

Yeee Hawwww!!!!!! I know it's a bit early to start the party, but anytime the state gets slapped in the face is a good time for us!

 

[Hoser John]

LAST STAND-KEITH WALKER DRIVING ALL NIGHT TO APPEAR. sic sic sic over convaluted 8 year 2.5 million dollar cluster John

 

[Hoser John]

WHAN BAM AND NO THANK YOU MAM. 15 minute hearing and all told to leave. Judge so in a rage against insane miners games he said he'll rule when the Supreme Court rules on Rinehart, if and when that is....sic sic sic mess-John

 

[winners58]

GILBERT OCHOA, JUDGE
CLERK: KIMBERLY REYNOLDS
COURT REPORTER KELLY MAGGS 13384
COURT ATTENDANT LAURA SKOPHAMMER
-
APPEARANCES:
ATTORNEY JAMES BUCHAL PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY LYNNE SAXTON APPEARS BY COURTCALL FOR KARUK TRIBE.
PLAINTIFF KEITH ROBERT WALKER PRESENT
ATTORNEY BRADLEY SOLOMON PRESENT FOR DEFENDANT/RESPONDENT.
ATTORNEY MARC MELNICK PRESENT FOR DEFENDANT/RESPONDENT.
ATTORNEY JOHN MATTOX PRESENT FOR DEFENDANT/RESPONDENT.
-
PROCEEDINGS:
PREDISPOSITION HEARING HELD
-
COURT GIVES ITS TENTATIVE RULING.
ARGUED BY COUNSEL AND SUBMITTED.
-
COURT FINDS:
IN LIGHT OF THIS COURTS MSA/MSJ RULINGS, THE CALIFORNIA SUPREME COURTS GRANT OF REVIEW IN
THE RINEHART CASE, AND THE RECENT AMENDMENTS TO F & G CODE SECTION 5653 (SB 637), THE REMAINING
CEQA AND APA ISSUES SHOULD NOT BE ADJUDICATED IN THIS LITIGATION UNTIL THE SUPREME COURT ISSUES
ITS RULING. INDEED, THE ISSUE THAT THIS COURT RULED ON - I.E., WHETHER SECTIONS 5653 AND
5653.1, AND THE 2012 REGULATIONS ARE FEDERALLY PREEMPTED - IS THE VERY ISSUE THAT IS NOW BEFORE
THE CALIFORNIA SUPREME COURT.
-
ALTHOUGH ORAL ARGUMENT HAS NOT YET BEEN SCHEDULED, THE CASE HAS BEEN FULLY BRIEFED
ACCORDING TO THE MOST RECENT INFORMATION. MOST NOTABLY, THE UNITED STATES DEPARTMENT OF
JUSTICE HAS FILED AN AMICUS BRIEF ON BEHALF OF THE UNITED STATES DEPARTMENTS OF AGRICULTURE
AND INTERIOR, AS WELL AS THE BUREAU OF LAND MANAGEMENT AND THE FOREST SERVICE, WHEREIN THE
UNITED STATES ESSENTIALLY ARGUES THAT FEDERAL MINING LAWS AND REGULATIONS DO NOT
PREEMPT SECTIONS 5653 AND 5653.1, AND THE 2012 REGULATIONS.
-
WHILE THE BRIEFING IN RINEHART IS NOT PART OF THE ADMINISTRATIVE RECORD IN THIS LITIGATION, THIS
COURTS MSA/MSJ RULING RESTED LARGELY ON THE APPELLATE COURTS THEN-PUBLISHED OPINION IN THAT
CASE. IT IS UNDISPUTED THAT THE SUPREME COURTS RULING - WHENEVER IT IS ISSUED - WILL HAVE A
DIRECT AND TREMENDOUS IMPACT ON THE CURRENT LITIGATION. IF THE SUPREME COURT OVERTURNS THE
APPELLATE COURTS RULING ON THE FEDERAL PREEMPTION ISSUE, THEN THIS COURTS MSA/MSJ
RULING MUST SIMILARLY BE VACATED - THUS CHANGING THE CURRENT PROCEDURAL POSTURE OF THIS CASE. IN
ADDITION, IF THE SUPREME COURT CONSIDERS THE IMPACT - IF ANY - OF THE RECENTLY-ENACTED
AMENDMENT TO SECTION 5653 ON THE FEDERAL PREEMPTION QUESTION, THEN THAT EXAMINATION MAY
ALSO BE PERTINENT TO THE CEQA AND APA ISSUES THAT REMAIN IN THIS LITIGATION.
-
IN LIGHT OF THESE PROCEDURAL ISSUES, IT WOULD BE A WASTE OF JUDICIAL RESOURCES TO RULE ON THE
CEQA AND APA ISSUES. DUE TO THE PENDENCY OF THE RINEHART DECISION, ANY FURTHER ACTION BY
THIS COURT WOULD BE AKIN TO AN ADVISORY OPINION. THIS COURT DOES NOT ISSUE ADVISORY
OPINIONS. IF THE RINEHART DECISION IS UPHELD BY THE SUPREME COURT, THEN - DEPENDING ON THE
HOLDINGS IN THE CASE - IT MAY BE FOUND THAT THE ACCOMPANYING CEQA AND APA ISSUES ARE MOOT.
HOWEVER, IF THE RINEHART DECISION IS OVERTURNED, SECTIONS 5653 AND 5653.1, AS WELL AS
THE 2012 REGULATIONS, WILL ESSENTIALLY BE FOUND TO BE CONSTITUTIONALLY VALID.
-
FOR THE FOREGOING REASONS, THE COURT WILL STAY THE CURRENT ACTION UNTIL THE CALIFORNIA SUPREME
COURT ISSUES ITS OPINION IN RINEHART.
-
NOTICE TO BE GIVEN BY ATTORNEY BRADLEY SOLOMON.
-
VACATE L&M HEARING SCHEDULED FOR 01/20/16 AT 08:30 IN DEPARTMENT S33.
ACTION - COMPLETE

 

[Goldwasher]

WHAN BAM AND NO THANK YOU MAM. 15 minute hearing and all told to leave. Judge so in a rage against insane miners games he said he'll rule when the Supreme Court rules on Rinehart, if and when that is....sic sic sic mess-John

Insane miners games?....you and Victor should go start your own anti-miners group wtf

 

[Tuolumne]

ok, so what and how long are we waiting for next decision? The supreme court is looking into it and will make a oral or written statement when they have digested everything? What is the next step for us here in California?

 

[Goldwasher]

I think they can hear the case or not....and if they don't it's a reset and someone else will have to get cited and go through the hole thing again....or something stupid and crazy like that.

 

[Goldwasher]

I think they had a year to decide. This is all from my terrible memory of all the almost we've had

 

[winners58]

The Rinehart case is just waiting on a court date; PEOPLE V RINEHART | Defending our Federal Rights to Mine!
I would have liked to see a court case where the miners get their day in court
I would like the state to prove harm, I feel like I have been accused falsely
every time they lead with preemption, seems like the state has James Buchal's playbook.

 

[Sample Pan Dan]

It does seem there are a few people on this forum trying to discredit some non profs that are fighting for our cause. I wonder why?

 

[MadMarshall]

Insane miners games?....you and Victor should go start your own anti-miners group wtf

Its ok GW ... You can make yourself feel big with jokes at my expense. truthfully in dealing with AMRA and some of these other BS clubs I come to find out that they just like you they are all talk and resort to childish games and name calling... All I did was blow on AMRA just a little bit.. Wait for the real fun!!. Anyway feel free to do and say as you like. Poke fun whatever. Pathetic really..

 

[Goldwasher]

Its ok GW ... You can make yourself feel big with jokes at my expense. truthfully in dealing with AMRA and some of these other BS clubs I come to find out that they just like you they are all talk and resort to childish games and name calling... All I did was blow on AMRA just a little bit.. Wait for the real fun!!. Anyway feel free to do and say as you like. Poke fun whatever. Pathetic really..

Whats funny is how a person who cares very little for other peoples private property, thinks he is actually helping his community in anyway by going after bs clubs that he has already decided are bs before he goes after them.....Just as bad as how helpful and involved someone claims to be when there is movement in court and then the judge loses his spine and its all insane miners games.....

 

[fowledup]

Sad, sad, sad- I remember a few short years ago when this was the one stop shop for what was happening in the mining communtiy. Used to take an hour to get thru all the new posts with "pertinent" info and the latest word on the legal issues. Was the info 100% correct or factual?- maybe not, but it did keep the dialogue going and got folks thinking. Lots of good good people with ideas and opinions. Then someone suggested that it was getting too political, then a few started calling out the "old timers" and then another said we were giving away strategy. I don't completely buy that, if anything it confused the otherside as to what our next move was. By the same token and more to our advantage we were educating and keeping our community involved, and informed which far outweighed any bit of strategy that slipped out. I'm kind of amazed at the direction the community has taken as a whole, it appears that alienation, polarization, and self distruction are the play- it's insanity that makes no sense and does no good. Oh well ya all keep the newbies uninformed, and keep on lashing out at eachother - it's really working great! Curious how the various organizations coffers are fairing since anything political or advocacy oriented has gone hush hush and underground? Our new direction hasn't stopped me from writing and calling but it's dang sure stopped me from sending checks. The elite few "in the know" and those that don't want to openly discuss anything better get a clue soon.

 

[Sample Pan Dan]

Our mining rights are being whittled away at every day, every year. More and more land grabs and harassment by tge LEOs. I personally am grateful for a couple of the non prof organizations out there fighting for our cause. Its hard for any one of us to have the financial resources and the time to spend in court and Senate hearings. I am a yearly member of AMRA, and i have contributed to PLP. Just my 2 cents on it.

 

[Jeff95531]

X2 Dan

 

[goldenIrishman]

As much as I hate to say it, it's not only our mining rights that are being taken away. The Forest Circus is slowing trying to lock us out of all the public lands that they can. I received this in an email from FAFA. (Free Access For All). Turns out that the FS in Eastern Oregon is trying to arrest people for having this sticker on their car/truck etc.



Now if they want to TRY that crap with me or any of my friends, they're going to find themselves on the loosing end of a court battle real fast! Something about freedom of speech comes to mind.....

 

[Jeff95531]

I'll take a gross of them stickers.

 

[goldenIrishman]

Better hurry! The FS said they're trying to locate the company that made them so they can arrest them as well. I'll have copy the text of the report here so you can see how out of control some government workers are.