Bad news California

[Clay Diggins]

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

 

[Nitric]

Just reading the quote above? Makes no sense!! WHY in the Hell would they have written into law Protections on the land and mineral, but no right to get it? What would be the point of having a claim? That just says..We can't take away your Right, but we will limit what you do to the point that Right is useless! This will just set precedent for other areas?

I don't really know enough about it or this case...I was just reading the case and saw...basically..."Well? back when that law was written......" We seem to hear that with a lot of other things too.....

It should be...If you lay claim to the mineral, whatever you decide to get it out...Within reason! But I guess that "within reason" is being questioned. Still doesn't make sense! One storm will stir up rivers and water ways more than a guy or a river full of guys with dredges ever will...

 

[winners58]

not just bad news for California, now any state/political agenda can make up any environmental harm
and make your claim/valuable mineral deposit worthless...


one thing they left open ended was the scale and scope of harm...

(9)
Rinehart takes issue with the Legislature‘s assessment of those collateral
consequences, dismissing the impacts of suction dredging as minimal. In this
proceeding, we are without authority to countermand the Legislature‘s judgment.
The only issue for us is whether federal law permits the Legislature to favor other
interests it deems in need of protection at the expense of mining.

 

[Terry Soloman]

No surprise.

 

[spaghettigold]

not just bad news for California, now any state/political agenda can make up any environmental harm
and make your claim/valuable mineral deposit worthless...


one thing they left open ended was the scale and scope of harm...

(9)
Rinehart takes issue with the Legislature‘s assessment of those collateral
consequences, dismissing the impacts of suction dredging as minimal. In this
proceeding, we are without authority to countermand the Legislature‘s judgment.
The only issue for us is whether federal law permits the Legislature to favor other
interests it deems in need of protection at the expense of mining.

if i understand correctly now you guys would have to play the "sustainability"game ,with enviro studys that dredging doesn,t harm waterways.o what a wonderfull grey area for greenish "may " could" precautionary principle industries.

 

[ClaimStake]

wow, I just see lawsuit after lawsuit with all this.

if someone with brains and money wanted to take a crack at the state. this would give them plenty of ammo.

the moratorium has "NOT" been temporary, and was enacted without the will of the people.

the environmental reasoning is clearly based off of biased manufactured science. none of it carries an ounce of reasoning.

our governor and many of our statesmen are corrupt criminals.

the courts refused to hear any environmental rebuttals from Rinehart or anyone else. but they listened with full ears to the state prosecutor.

this is clearly corrupt.

Rinehart wasn't smart neither are his lawyers.

 

[goldenIrishman]

ANd another fine example of the California "Just Us" system. I guess that the only step left is to take it to the Federal level. Even that is iffy in my mind with the current vacancy that's yet to be filled. We get someone that's a green freak, mining in the entire country will be in trouble IMHO.

 

[okbasspro]

Game and Fish and USFS will be on a mission now to abuse miners.

 

[winners58]

Thank you Brandon for fighting the good fight for us all, keep your head up were proud of you...

 

[bigAUdog]

"Bad News for California"...Ha! This is extremely bad news for all of the States - not just Cali. The precedent is now established for a run by rogue environmentalist and legislators to make the small scale miner extinct...like the dinosaurs! I am completely dumbfounded by this UNANIMOUS decision. After looking and researching each of the Cali Justices it's not difficult to see how this opinion came about. Mr. B. Rinehart keep up the fight! Thank you!

 

[The Dirt Pirate]

The government wants all the gold for themselves.

 

[bedrock bubba]

I'll tell ya who this benefits! The BIG BOYS! The million dollar mining & gravel companies! They got rid of all us little piss ant claim holders, now they will sweep up abandoned gold claims for nothing!

Then they will claim to do mercury recovery using taxpayer $$ using large dredges!"Its the environment, stupid!" Of course enviro wacko outfits will lead the theft!

They will dredge all the reservoirs to the bottom; Englebight, Rollins, and have the EPA stamp of approval!

Big fish always eat the little fish! And like the Mafia, if they get in the way, whack em!

 

[dave wiseman]

......And yet all the law makers and judges have bought or wear gold jewlery.

 

[Treasure_Hunter]

Hefty, we have rules on language, please follow them.




_________________________Tapatalk Signature_________________________

DT2016

 

[ClaimStake]

everyone scroll through this web site.

rense.com

enjoy your stay.



go to the very bottom and read the disclaimer. it will put a smile on your face.

 

[winners58]

PLF blog CA Supreme Court invites state to frustrate federal policy - PLF Liberty Blog

 

[kcm]

I already went ballistic about this on another thread.

What it all boils down to is money. Miners have limited pockets, and much money has been WASTED fighting this crap in court! The enviro-nuts, however, have LOTS of money on their side. Gee, which side do you think the courts will side with? ...The side that offers the nicest "padding package", of course! I'm not (necessarily) talking bribes, but ALL forms of back-washing (you wash my back, I'll wash yours).

...Is too bad we couldn't get ALL of the precious metals mining in the US to stop all at once, and not start back again for a full year. Let the prices of jewelry, electronics, etc go sky high. Let them see just what a difference mining makes! ...Unfortunately, that would be asking folks to simply give up their paycheck for a year. ...But sure is a nice thought! .....Yes, I "know" I need to get some sleep!

 

[100acre]

From now on I'll just be removing all those polluting metals and scrap from the rivers

 

[russau]

This is NOT good news at all !!! it will be felt across our Land!

 

[Nugget059]

I posted this on other sites also all east coast no response from anybody well maybe one.Eastern states are next