MINERS FILE INJUNCTION IN SB

[KRIKITTS]

I got a blank page when accessing ratled's post so I'll try this...

» Suction Dredgers Petition for Injunction to Prevent the State?s Unlawful Actions

Update as of 19 May:

Judge Ochoa of the Superior Court of San Bernardino has now issued an Order which confirmed his earlier Ruling that California created an unconstitutional “scheme” of first enacting Section 5653 of the DFW Code which requires suction gold dredgers to obtain a permit from the State, and then enacting Section 5653.1 which prevented DFW from issuing any suction dredge permits. His Order and Ruling declared that both the State’s recently-adopted 2012 dredge regulations and the moratorium preventing the issuance of permits are unconstitutional, illegal and unenforceable.

This was a huge win for our industry!

This Ruling has prompted some people, particularly along the Klamath River in northern California, but also in other places, to resume gold dredging operations. But the Department of Fish & Wildlife (DFW) has continued to enforce the unconstitutional moratorium. DFW wardens initially were out on the river generally harassing dredgers about breaking the law. They have written some criminal citations. They even seized some equipment. That prompted The New 49’ers a few weeks ago to file for an immediate injunction in Siskiyou County Superior Court to force DFW to stop enforcing a moratorium that has already been found unconstitutional by the California court system. Had we got our day in court, this seemed like it would have been a slam-dunk for our side!

But the State’s attorneys scheduled an immediate hearing in front of the San Bernardino Court, requesting that our motion for an injunction be stopped in Siskiyou County because the California Judicial Council has decided that all suction dredging cases be consolidated and resolved in front of Judge Ochoa. Judge Ochoa agreed, and a hearing date for our motion for relief from DFW’s unlawful actions has been set for 23 June in San Bernardino.

Meanwhile, in an effort to get the matter resolved more quickly, several suction dredgers on the Klamath River refused to sign the promise to appear portion of the criminal citations they were being issued (unlawful dredging), opting instead to be arrested. Ultimately, one of those very courageous guys ended up in jail with The New 49’ers Legal Fund hiring James Buchal to represent him. That hearing in front of a Siskiyou County judge was to take place within 48 hours. Mr. Buchal was motioning the Court to dismiss all charges, order a return of all seized equipment, and order DFW to not bring any further dredging cases in Siskiyou County. Had we got our day in court, this also seemed like it would have been a slam-dunk for our side!

What we had not planned on was that the Siskiyou County jail is completely full of people serving time for felony convictions. Our local sheriff Lopey was objecting strenuously that in order to incarcerate a suction dredger for a rather minor misdemeanor charge, he was going to have to release a hardened criminal back onto the streets. This all caused quite a stir at the jailhouse in Yreka while all the key players were trying to figure out what to do. Ultimately, according to my limited understanding, the District Attorney decided to defer the charges (or something like that) and let the dredger out of jail with no agreement that he appear in court at some later time. Once the dredger was released, the required 48-hour hearing in front of a judge was lost. So it was kind of like being arrested and let go. What can I say; it’s California!

Therefore, as it is now, it does not look like there are any civil or expedited criminal remedies available to us in Siskiyou County to get this rogue agency off our backs.

Yes; I know there are some very important due process issues in play here. We have considered all possible options, and have decided that our best course of action is to wait it out a little longer and place our hope for a 2015 dredging season with Judge Ochoa — who knows more about our plight than any other judge in the country.

Several dredgers have signed a promise to appear (for unlawful dredging) in Siskiyou County on 9 June. I’ll be surprised if the State moves ahead with that, but we shall see.

We filed our opening salvo in San Bernardino yesterday (May 18th). The relief we are asking for is to return to the 2009 suction dredge regulations which were in affect at the time that the unconstitutional moratorium was imposed upon our industry — and stick with those until they can be updated in a way that does not break the law.

I am following with the key moving documents, the proposed Order, supporting Declarations, including several which provide an abundance of science to support our position. The links begin with a letter to the judge explaining that his decision to prevent civil relief in Siskiyou County has prevented suction dredgers from access to any timely due process to prevent the continuing unlawful conduct of DFW. You can see that we are really making our strongest effort to regain hassle-free suction dredging in California this year:
Letter to Court from James Buchal


Notice of Motion for Injunction
Memorandum in Support of Motion for Injunction
Request for Judicial Notice
Declaration of James Buchal
Petition for Administrative Rulemaking


Proposed Order from the Court


Declaration of Dave McCracken
Declaration of Richard Krimm
Declaration of Claudia Wise
Claudia Wise Summary of Experience
Declaration of Joseph Greene
Joseph Greene Summary of Experience
Siskiyou National Forest Suction Dredge Study
Declaration of Thom Seal
Declaration of Eric Maksymyk
Declaration of Derek Eimer
Declaration of Steve Kleszyk
Declaration of Chad Stanford
Declaration of Robert & Anna Sonnenburg
Declaration of Mark & Elizabeth Cutler

 

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[ratled]

THANKS for the repost!!! Not sure why both tries come up blank!!!!

ratled

 

[Hoser John]

DO NOT DISCUSS LEGAL POINTS AS YOU CAN REALLY HURT THESE CASES....if you believe in them or not silence is golden as waaaaaaay tooo much posted already. I'd go to jail if I posted. by the judge. and by god it's almost worth going to jail to expose what went down in the Judges mandated negotiations by the cancer.John

 

[Goldwasher]

DO NOT DISCUSS LEGAL POINTS AS YOU CAN REALLY HURT THESE CASES....if you believe in them or not silence is golden as waaaaaaay tooo much posted already. I'd go to jail if I posted. by the judge. and by god it's almost worth going to jail to expose what went down in the Judges mandated negotiations by the cancer.John

You called the whole ting a farce before John.. Basically stating anyone getting involved was "mentally handicapped" Remember how we could get a free bus ride?( last page I where you insult those fighting) http://www.treasurenet.com/forums/g...st-way-get-buy-mining-claim-california-4.html.And now you don't want us to talk about things that are public record for anyone to look at...and discuss. You know very well the important unknowns are discussed in private. Miners keeping abreast of this info....luckily it gets posted here as it s the main conduit for this info besides facebook....
Seems like you try to "Hose" this whole thing down whenever anyone talks about it.
You have stated before that dredging is gone in California so why don't you just leave us fools alone while we discuss it instead of harping on us every chance you get?

 

[ratled]

Jon as one of the few actually involved in the MSC negotiations I can tell you this is the joint filing for the all those involved in SB under one cover. This is outside the MSC process and not bound by the gag order. This is public record for all and has been approved by the attorney for posting.

ratled

 

[Clay Diggins]

DO NOT DISCUSS LEGAL POINTS AS YOU CAN REALLY HURT THESE CASES....if you believe in them or not silence is golden as waaaaaaay tooo much posted already. I'd go to jail if I posted. by the judge. and by god it's almost worth going to jail to expose what went down in the Judges mandated negotiations by the cancer.John

John the restriction on discussing the case negotiations applies to you and any others active in mitigation negotiations. That court order has no effect whatsoever on the rest of us. We can discuss the case, it's "legal points", possible outcomes and current events all we want.

Public discussion of this and every other court case is a basic right of the public. It is an essential feature of our form of government. So sorry you agreed to keep your trap shut but the rest of us can do as we wish, the law and discussion of any case is open to all of us.

Public discussion of court proceedings never hurt anybody's case. The courts and their actions are open to the public. Anybody with the 50 cent a page highway robbery fee can get a copy everything entered into the court for themselves or for others.

Does anyone care to share the proposed order? I would put a copy up on Land Matters so everyone can see that public document. Sure would be nice if someone who already has a copy could share it. 50 cents a page adds up pretty quick when the lawyers are writing furiously.

Good luck on your private negotiations John.


Heavy Pans

 

[ratled]

Clay ALL of the paperwork is in the link at the top for FREE. that is the second reason it is being posted.

Just the proposed order http://www.goldgold.com/wp-content/uploads/2015/05/Proposed-Order-Granting-Injunction_5-18-15-Final.pdf

But really you will want to read the supporting docs there are some OUTSTANDING reads there


ratled

 

[kayakpat]

way to go

 

[KRIKITTS]

DO NOT DISCUSS LEGAL POINTS AS YOU CAN REALLY HURT THESE CASES....if you believe in them or not silence is golden as waaaaaaay tooo much posted already. I'd go to jail if I posted. by the judge. and by god it's almost worth going to jail to expose what went down in the Judges mandated negotiations by the cancer.John

We'd go your bail Hoser John...

I wonder if Sheriff Lopey is a constitutional sheriff?

"What we had not planned on was that the Siskiyou County jail is completely full of people serving time for felony convictions. Our local sheriff Lopey was objecting strenuously that in order to incarcerate a suction dredger for a rather minor misdemeanor charge, he was going to have to release a hardened criminal back onto the streets. This all caused quite a stir at the jailhouse in Yreka while all the key players were trying to figure out what to do. Ultimately, according to my limited understanding, the District Attorney decided to defer the charges (or something like that) and let the dredger out of jail with no agreement that he appear in court at some later time. Once the dredger was released, the required 48-hour hearing in front of a judge was lost. So it was kind of like being arrested and let go. What can I say; it’s California!"

 

[Hoser John]

You called the whole ting a farce before John.. Basically stating anyone getting involved was "mentally handicapped" Remember how we could get a free bus ride?( last page I where you insult those fighting) http://www.treasurenet.com/forums/g...st-way-get-buy-mining-claim-california-4.html.And now you don't want us to talk about things that are public record for anyone to look at...and discuss. You know very well the important unknowns are discussed in private. Miners keeping abreast of this info....luckily it gets posted here as it s the main conduit for this info besides facebook....
Seems like you try to "Hose" this whole thing down whenever anyone talks about it.
You have stated before that dredging is gone in California so why don't you just leave us fools alone while we discuss it instead of harping on us every chance you get?

Say WTF-this quote bs has to do with claims man. Yes once the paperwork is signed for the gag order you are thusly restricted from divulging the TRUTH of what has REALLY transpired within these mandated meetings. Legal points you blatently throw around like nuttn' can/will/has supplied the TRUE enemy with plenty of fodder within such meetings AND in open court. Yes dredging is dead for fools and quite alive in the hearts of the few who place themselves in the fight instead of mouth service as wannabe legal experts. We ALL are in absolute uncharted territory as the state/counties/feds try to unravel this insideous attack on a specific group of outdoor users. Rant on as it will be quite interesting in court to hear how it was utilized against us-thanx John

 

[kayakpat]

I saw a program on tv last night that said 300 years ago salmon were on the east coast clean down to Deleware and on the west coast of Europe into spain, and down into California a good way. They said pollution, dams, mining, garbage have ellininated them in all places except Alaska. They said salmon as food is more important than gold in a populated world. It was called "The Breach" prospectors need a video promoting their cause as I think the movie was all over. It mostly complained about large open mines

 

[kayakpat]

A good movie would be like the Gold Fever program, promoting the family fun and good times as a revenue producing activity for areas hard hit for income producing activities. I think the GPAA's program has done much good for public perception. They need to expand that ideas into a movie/documentary for wide distrubition. Favorable Perception is the best defense

 

[fowledup]

What really hurts us, even more than our "lawyer wanna be" talks on the forum, which is usually based off of yesterday's news at best, and doesn't provide those in the know with anything they don't already know, is our willingness to fullfill the oppositions stereotype of us in the publics eye as being ignorant, backwoods, uneducated rebelious hicks. Especially in the courtroom, media, and our halls of government. Whatever our station in life, if we look ignorant, and act ignorant, we will be taken as ignorant! It's like the kid with green hair and a tattoo on his forhead that reads "dumbazz", who can't for the life of himself figure out why nobody takes him serious, listens to him, or will hire him. If your going to go represent yourself or miners in general;
1. Dress appropriately, doesn't mean a three piece suit, but present yourself as best you can. You may not have any respect for your government but show you have respect for yourself and those you represent.
2. No one with half a brain likes speaking in public, but if you have commited to doing it - do it well! Know what your going to say and practice it! Uh, duh, and ten second pauses are absolute killers. Know your subject matter. Know that what you have to say is relevant to the purpose of the meeting. Check the anger and sarcasm at the door. Most important save the empassioned victim speeches, no one cares that you've been mining since Abe was a babe, and sluices were wooden, as soon as you go down that road you've lost your audience. If you go before a group and freeze, have a back up exit plan. Practice it in your head, something like a short sentence of support, a thank you, and a yield to the next speaker in support of our effort. Knowing you have a means to properly end your time in a decent manner if need be will help you get through it.

And no it is not easy for me to say and not so easy to do, it takes work and practice. I shake like a leaf, get sick to my stomach, and go silly stupid when I have to do it, but the fear of failing because I did nothing overides it. This legal stuff is their world and I really don't want to be a part of it, but when I have to they are going to take me serious or at the very least question their preconceived notions of me. I figure us showing up unprepared and looking like we just came off the river, or a backyard bbq would be like them showing up to the claim in a Beamer, carrying a briefcase, wearing a pinstripe suit saying "I'm ready lets dig!" We wouldn't take them serious in our world either.

 

[kayakpat]

yes, some people are their own worst enemy

 

[spaghettigold]

the old romans had large alluvial gold mines running .Still today you can visit huge tailingspiles left behind in italy,spain etcetc.
It seems it was a common practice that once they located a goldbearing river they "convinced"the local communitys to dig the gold for them.
One river i prospected they had up to 5ooo people churning thru the gravels and it didn,t impress the salmons /fishes at all.They survived.
The rhein river , for example ,running thru several european countrys was once a salmon rich river.The salmons are gone not because of gravel mining operations,but because he was put in a concrete corset over 100 years ago and dams where built without fishstairs,the chemical industrie ,discharging without filtration till the 80,s gave them the rest,but all in all -dams without fishstairs.
Guess what , report from a enviromental study promotes loose gravel where the salmons can fan away the gravels to deposit theire eggs..