Bad news California

Clay Diggins

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Nov 14, 2010
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Rinehart lost the CA Supreme Court appeal:

We conclude the state‘s moratorium is not preempted.
The federal laws Rinehart relies upon reflect a congressional intent to afford prospectors secure possession of, and in some instances title to, the places they mine. But while Congress sought to protect miners‘ real property interests, it did not go further and guarantee to them a right to mine immunized from exercises of the states‘ police powers. We
reverse the Court of Appeal.

You can download the whole decision HERE.

Heavy Pans
 

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Terry Soloman

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May 28, 2010
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goldenIrishman

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Come on Terry.... Everyone knows that thinking and lawmakers can not be used in the same sentence! Seems that once you are in a position to make laws... all common sense goes out the window.
 

russau

Gold Member
May 29, 2005
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MM I agree with you BUT Most Americans don't care to get involved with ANYTHING political. just look at the count of Americans that actually vote or maybe I should say don't vote .
 

Cassews

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Very interesting... As my husband and I dredge (in Colorado), it makes us wonder when that will hit our state. It's sad when one actually looking at small mining dredging and sediment/ silt. Disturb the sediment/silt, the fish come looking for goodies to eat. Know this personally saw it happen; had many a fish hit my leg when dredging and they were going after the sediment/silt.

Most people don't get involved until it personally affects them; then its a " does this really impede my way of life"? If it does then, the people do things (sometimes too late) to rectify things. Sad the courts don't understand the problem is not the small miners who dredge, but those who "think" they know all about it and have no idea.
Maybe someone needs to take those judges/the know it all groups down to a local river, suit them up and show them what goes on. Then they would see exactly for their own eyes the fish going after the sediment/silt and finding all kinds of good eats for them. The gold that is in the pan afterwards that just does a heart good as no one has seen that gold in how many years? Same with finding a precious gemstone, mineral.

Okay I thought too much , or not enough coffee.. HAHAHA ... I now have a headache ....hahaha :-)
:
 

Hoser John

Gold Member
Mar 22, 2003
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Covet what you have left as closures, restriction and other insanity has already hit your wonderful state. Colorado forum has the latest info-if I post its' name, it just disappears. John
 

winners58

Bronze Member
Apr 4, 2013
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09/09/2016 Filed: Letter from respondents, informing the court that The People do not intend to file an answer to the rehearing petition.
By Joshua A. Klein, Deputy Solicitor General.

Does anyone have a link to the petition for rehearing that was filed.
all I have heard is hearsay, something about the courts opinion saying the state shut down hydraulic mining with an injunction.
but it was really the US 9th district circuit court (the Sawyer decision) . IMHO is, the court's opinion is a plagiarization or book report
from Gold vs Grain (biased history) and John Leshy's works (natural resources solicitor for Clinton & on the Obama transition team)
 

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