I am concerned that the ruling was not published as was announced in open court at the last hearing. Further the state is attempting to have the case retried under CC 166.1 in the fourth appealate court, seeking another bite of the apple, and rendering the Rhinehart case null. This is another delay tactic by the state and it gree allies to delay the start of the dredge season in 2015, and the courts need to hold these people held liable in both a civil and criminal proceeding.
Delay, delay until the judge steps up and follows the rule of law. I personally think this will NEVER be over until we hold those responsible for this travesty held liable in a civil and criminal court. The state is going to keep trying to railroad minning in this state. IMHO
If/When, Judge Ochoa rules that federal law preempts the State of California rules and regs currently in place, It would be great to see a class action lawsuit against the state for monetary losses suffered by all claim holders affected by those regs. That would get them to think twice before cow towing to the enviro groups in the future. But I digress, putting the cart before the horse. Got to have a ruling first.
What do you think keeps the attorneys for the State of Calif employed? State attorneys like their employment! It brings meaning to their job; working for the Dept of Justice. The more they work, the more they get paid. Job security as well. When they finally retire; they get a nice pension. State Pensions are derived from keeping a job for a long time. A long time DOJ job requires appeasing the Dept of Justice and the Governor. I am sitting here thinking: this all makes sense if you are an attorney for the State. "Never being over" sounds good to a State Attorney wanting to retire someday.
I believe there was a recent Calif dredger who was caught dredging as a means of protest. He got his hand slapped and told not to dredge anymore. Civil protest was determined to be "free speech"....as I recall!
Interesting thought. I wonder if that case was published?...or if it could have been? Not sure on that one. But I am only thinking I recall such a case! But it kinda stuck in my mind. I like civil protest!...and the right to do it!
Bejay