Big win for small-scale miner

[vini]

On October 3, 2012, small-scale miner Thomas E. Tierney was found "not guilty" of the criminal misdemeanor of using National Forest System land without special-use authorization.

In United States of America v Thomas E. Tierney the National Forest Service contended that, among other things, Mr. Tierney needed special-use authorization to conduct his small-mining activities consisting of a pick and shovel to mine minerals on his claim in Ash Canyon, Arizona. They also believed his mining activities were causing a "significant disturbance to surface resources."

United States Magistrate Judge Charles R. Pyle ruled in favor of the defendant citing the plain language of 36 C.F.R. 261.10 stating that Mr. Tierney's mining activities did not fall under "special-use authorization" nor was he in violation of causing a "significant disturbance of surface resources" partly because the wording of 36 C.F.R. 261.10 fails to adequately describe exactly what a "significant disturbance of surface resources" is.

The full document can be read here USA v Tierney.

 

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[vini]

We DONT have to file a notice of intent and we DONT have to file a Plan of operation and there is nothing in the federal law that states what "significant disturbance to surface resources" is and the rangers can't use there own idea of what that is, that dont hold no water in court.

SO LETS KEEP FIGHTING DONT HIDE, federal laws protect us and when these agency's start getting it then we'll get our frggin rights back, like dredging, if we're hiding and not doing whats legally our right to mine nothings gonna change except things are going to get worse, we've let them trample our rights long enough!!!

 

[Hefty1]

Vini
I dont believe anyone is hiding...they are just doing it their own way...as you did it your way.
My hats off to you...and let us know what happens and how you did it. Thanks.

P.S. Have you been out dredging lately?

 

[2cmorau]

LMAO, Thanks for the good laugh Hefty

acording to Bob Costa philostifeeee, i should be able to hold Califortaxation accountable for my conditon for lack of dredging, i have been lookin more like Santa Clause including beard, time to get out and hunt the stuff of dreams

 

[Hoser John]

OLD NEWS POSTED BY HEFTY1 WEEKS AGO ON A DECISION MONTHS AGO

 

[NeoTokyo]

John, the more places that info is the more eye's will see it.

One thing we need is more people looking at what is happening to us.

 

[Gold Maven]

this is the first time I heard about it, and I'm on here every day, plus CA. mining Journal,Lost treasure.Western n Eastern Treasure Mags.

 

[vini]

YEAH I SAW IT AFTER I POSTED IT OK JOHN

NOPE, NO DREDGING AFTER THE INCIDENT AND THATS WHY I'M SUING THE STATE OF CALIFORNIA , FOR A WHOLE BUNCH OF MONEY ONCE THIS BALL GETS ROLLING I'M NOT SETTLING FOR A DISMISSAL BECAUSE I SHOULDM'T HAVE BEEN STOPPED BY THERE UNLAWFUL POLICYS AND REGULATIONS.

TOMORROW IS OUR FIRST COURT DATE AND IT WILL BE NOT GUILTY YUR HONOR

 

[NeoTokyo]

How did things go today Vini?

 

[vini]

Went to courthouse DA has not filed yet, they have a year so I may wait or I may do something else I will be calling the DA and letting them know i'm going to fight this and that i'm ready to take it alll the way...

 

[Hefty1]

Went to courthouse DA has not filed yet, they have a year so I may wait or I may do something else I will be calling the DA and letting them know i'm going to fight this and that i'm ready to take it alll the way...

WHAT!!! What happened to your right to a speedy trial? Or did you wave that? Which court did you go to? Crimminal or traffic? This does not make any sence.

Or this DA is wait for the outcome of the Brandon Rinehart case in Plumas County.

 

[MadMarshall]

disregard

 

[GarretDiggingAz]

Hey Vinni,

I had a separate issue (not mining, landlord issue) and was waiting for my day in court. I was served my notice to appear in court the day after my trial. I was told by a lawyer, that its a trick used by lawyers to win by default. Make sure you are keeping in contact with the courts or the DA to make sure that or when your day in court will be. Don't be waiting for the summons to show up at your door. I was set. Pictures and all letters, emails and any communications between me and the guy suing me. So I lost by not showing up.
Good luck and stick it to them.