Why EPA says no dredging. A must watch and listen!

[Bejay]

Every dredge miner ought to take the time to watch this: It applies to all the States cases of EPA permitting!

http://oregoncourts.mediasite.com/m...?catalog=7451ecdd-054e-43ee-9f33-8460558f78fe


One must also understand that the States rely on this for the States position against dredging.

Bejay

 

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[American]

The EPA representative is obviously out to get total control like the little man syndrome.
It was hard to watch him. By his standards if you step in a puddle and cloud the water the EPA will fine you and go to Vegas for a few days on your dollar

 

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[Bejay]

Pretty hard to have an MOU with an agency that has incorrectly intruded upon a subject/activity that is legally under the jurisdiction of another agency. "It reminds me of overclaiming". You could have an agreement to mine a claim by a claimant that has overclaimed another claimant. Does not hold a lot of water IMHO.

Need to get the EPA off the "playing field"!
As long as the Feds are passive to apply correct legal jurisdiction...there is little hope of getting States to adhere to a reasonable position!

Bejay

 

[UncleMatt]

I’ll just leave this here
View attachment 1602097

Kevin, that is in my hometown neck of the woods, and I sure hope they move forward on that. All of this could have been avoided many decades ago if the town of Silverton had not resisted superfund status in the name of tourism.

 

[winners58]

I'll just stash this here, legal discussion from the last time the NPDES was stuck down by the Oregon Court of Appeals.
.
why the black box? its a PDF just click it?
Muddying the Waters of Clean Water Act Permitting:
NADIA H. DAHAB UofO Oregon Law Review
View attachment Dahab.pdf

 

[Bejay]

One must always pay attention to who is writing the opinion. Additionally one must ascertain: Doe the written opinion convey "bias"? Legal opinions (by so called experts) are not much different than reading the editorial page of any given newspaper.



Bejay

 

[winners58]

Yes, you have to read past the bias & opinions, even some of the quotes are unqualified references,
it does give a narrative that can be compared to the case at hand, EOMAs-Reply-Brief-on-the-Merits

NEDC and EOMA/WMD both filed cases on the new 2010 permit, NEDC ended with sue & settle and dictated the terms of the 2015 permit
NEDC was happy with the new permit requirements but OLCV pushed the legislature to close dredging in ESH with no proof of actual harm.
the EOMA/WMD case was declared moot but the Oregon supreme court agreed it was not moot,
IMHO our case in the OP has a good chance of winning based on the arguments/merits of the case.