BOHMKER vs OREGON 9th circuit court - Bad news

[winners58]

appeal BOHMKER vs OREGON 9th circuit
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/12/16-35262.pdf

background, filings;
Waldo Mining District ? To Preserve, Protect & Promote Mining

 

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[M.E.G.]

Miners getting mined, the attorney's best acheivements.

 

[winners58]

would have been nice to have this remanded back to the original court and be able to present a case.
I'm sure its still being discussed what the next move will be, when the Reinhart was rejected from being heard
in the supreme court they said this case would be a better vehicle because it didn't just rely on the mining laws
if it goes to the US Supreme court it will probably be with Pacific Legal foundation at no cost to the miners...

 

[Hardpack]

I’m interested in reading Buchals summary! My take is Court avoided the central issue. Thanks Winner for the update. Jim

 

[Jim in Idaho]

No surprise. The 9th is a hugely liberal court. No justice there.
Jim

 

[M.E.G.]

There was talk about the BOHMKER decision today on Behind the Woodshed ( https://www.reallibertymedia.com/2018/09/behind-the-woodshed-blogcaster-sept-16-2018/ )
Also, there was talk on the Forest Service Notice of Rule Making 36 CFR 228 Locatable Minerals and how to read for the application, and whether or not one should be commenting at all. Links are provided for your reading.

 

[winners58]

Miners file for en banc 9th C Appeal filed Sept. 27

Petition for Rehearing En Banc in the Bohmker (Oregon SB 838/SB 3) case was filed with the 9th Circuit.
This case can have far and wide effects on the future of motorized placer mining, not just for Oregon.
Attached is a (24 page ) copy of the Miner's Petition for En Banc Appeal filed Sept. 27 in the U.S. 9th Circuit
regarding that courts Sept. 12, 2018 decision upholding Oregon's SB 3 (banning all motorized placer mining in ESH streams)
.
(limitation of Tnet doesn't show a preview, click the black box for the PDF)
View attachment Petition for Rehearing En Banc 9-27-18 [Ct. Filed] (2).pdf
"En Banc" is asking to be heard by the full court not just the 3 judge panel

9/12/18 Decision (the ruling was 2-1),
the dissent opinion starting on page 53 is worth the read.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/12/16-35262.pdf

 

[Bejay]

I always told the wife that the day would come when I was too old to mine; and/or physically unable to do it and work my claims. I knew the day was fast approaching (Viet Nam Health issues due to Agent Orange). But it appears the courts and the State of Oregon made the decision for me. It has been a GOOD RIDE; but it is time to liquidate all my mining gear/equipment and call it a day. Time is not on my side....as I thought I would still get a few more good years in. I just told my mining partner: "IT IS WHAT IT IS".... I AM CONSTANTLY REMINDED IN TODAYS WORLD THAT LAWS DO NOT MATTER...…..politics is power and Oregon and Calif are blue!


Bejay

 

[rodoconnor]

I hate to see a good guy throw in the towel , but time only goes one way . It's fast coming up on me . Best of luck man!!

 

[gold tramp]

I always told the wife that the day would come when I was too old to mine; and/or physically unable to do it and work my claims. I knew the day was fast approaching (Viet Nam Health issues due to Agent Orange). But it appears the courts and the State of Oregon made the decision for me. It has been a GOOD RIDE; but it is time to liquidate all my mining gear/equipment and call it a day. Time is not on my side....as I thought I would still get a few more good years in. I just told my mining partner: "IT IS WHAT IT IS".... I AM CONSTANTLY REMINDED IN TODAYS WORLD THAT LAWS DO NOT MATTER...…..politics is power and Oregon and Calif are blue!


Bejay

Im throwing in the towel also, feel the pain of having to give it up.
As I still have a couple years decent health, fingers crossed.

Just wish I could blame politicians, but the truth for me is there just isn't anything left.
Man can't live on crumbs,
Getting tired of digging holes in that hard rock, comes a time when the younger blood can have at it, make there mark.

Gotta add this, boys grew up and I can't find a dadgum topside man.

Thanks for your service to our great country sir.
Gt.....

 

[johnedoe]

I agree with you.. I am getting to the point of just being fed up.... I can't get out to the creeks anymore, haven't been able to for a number of years... legs and knees just won't put up with the uneven ground.

The beach was a distraction but Oregon beaches you can't us any power on so that reduces the places you could actually find gold. Washington is just too far up the holland I don't feel like that run or expense multiple times .....

So I have been strongly thinking about getting rid of all my get too....
The wife would like to see the additional garage space too....

As to the 9th circus court.... Well what a joke. courts are supposed to inerzprete the law not expertise some bullshit political agenda.

So I guess I will step aside and do my digging in the futures markets... Make better money there anyway.

 

[winners58]

Galice & Waldo Mining Districts Will Petition United States Supreme Court in Bohmker

The court rejected the rehearing En Banc it is now headed to the Supreme Court
Read the 9th Circuit's Order to Deny Rehearing En Banc and more about the case here;
Oregon Miners Will Petition United States Supreme Court on Motorized Placer Mining Ban

 

[Bejay]

In addition to helping the petitioners for US Supreme Court hearing the case; We should all take an opportunity to thank the legal teams at Pacific Legal Foundation and Mountain States Legal Foundation for their continuing assistance on this case. Contributions to a number of such helpful entities is always needed.
https://pacificlegal.org/
https://www.mountainstateslegal.org/




Bejay