CA Supreme court to Review Rinehart

[ratled]

FYI

01/21/2015 Petition for review granted Votes: Cantil-Sakauye, C.J., Werdegar, Chin, Corrigan, Liu, Cuéllar and Kruger, JJ.



Here's hoping we get more

ratled

 

Amazon Forum Fav 👍

Diving for Pleasure and Treasure - Grab it through Amazon!

[minerrick]

More is what you've got.

Look to this page to see when it gets published: California Courts - Appellate Court Case Information

This thing as just gotten exponentially more complicated. If you REALLY want to help, send everything you can afford to Brandon's attorney, otherwise it will be coming out of HIS POCKET. Send your donations to:

James Buchal
Murphy & Buchal LLP
3425 SE Yamhill St, Suite 100
Portland, OR 97214

 

[Prospector70]

I certainly hope Keene and Jobe and Proline have already donated...

Can we start a crowdfunding app for the good Mr. Buchal?

 

[minerrick]

You can bet that all the manufacturers have been hit a dozen time by everyone. And it is my guess that they will keep contributing, but now it's time for all the guys who have been sitting on the sidelines to pitch in. This thing will only be won if EVERYONE pitches in whatever they can afford. If it is only $1 that is good enough. If 15000 mining claim owners in CA pitched in a dollar, we'd be way better off. There are probably a lot of miners that have no clue that there are court battles going on (yes, really) and there are probably others hoping that someone else will send in enough so they won't have to pitch in.

Everyone is in a pinch financially these days, so if you cannot give money maybe you can donate something that can be sold. I donated some gold to be sold and I HATE giving up gold (more than I hate anything else in this world), but the deal is EVERYONE has to pitch in to see this thing through.

And one more time, James Buchal is Brandon Rinehart's attorney, and if you want to donate to THAT fight either give on BRANDON'S website or send the money DIRECTLY to James Buchal. That is the best way to ensure that your money goes to the right court fight. Other organizations have other fundraising efforts going on, and if you want to help their cause, it is up to you to do the due diligence to see, exactly what that specific fundraising for each other group is about.

 

[Oakview2]

The fix may be in...

 

[winners58]

Rallies, sign waving and protests outside the court house.

As PLP has argued;

>Miners and prospectors on Federally managed land have a statutory right; not just a mere privilege;

>Administrators may not unreasonably restrict or prohibit, temporarily or permanently, the exercise of that right;

>The issuance of a permit from DFW is a non-discretionary act

>SB670, AB120, SB1018 and the 2012 regulations are PROHIBITORY not regulatory in their fundamental character
and that they are in direct conflict with Federal laws and violate the Supremacy Clause and Article IV of the United States Constitution.

>And on a Federal mining claim where a waterway runs through it that a suction dredge is the ONLY viable, economic and environmentally sound manner to recover placer gold.
.

 

[fowledup]

Link to Brandon's site- PEOPLE V RINEHART | Defending our Federal Rights to Mine!

 

[ratled]

I believe this will fast track things one way or another. I believe that when/if the Cal Sup Court upholds Rinehart, or even takes it a step further as Judge Ochoa did,a finding in our favor will settle things at the State level once and for all. In the chance they don’t, then we are fast tracked to Fed court, where we have always wanted to be but “(had) have to exhaust our state remedies first”.

Before anyone gets all sideways on this, give Buchal the opportunity to work his magic, in the meantime give him a break…… and a few dollars.

ratled

Never confuse motion with progress


Illegitimi non carborundum

__________________
███ ████ everything ████ ███ ███████ ██ is ███████ fine █████.
███████ ██ ████ trust █████ your █████ ███ government.

 

[Hoser John]

Thanx much for links as "DONATIONS ARE AKIN TO TRANSLATING A FOREIGN LANGUAGE---SOMETHING ALWAYS DISAPPEARS IN THE TRANSLATION. If I want to support the Miners in Calif I don't send the cash to the Tea Party in Texas.....John

 

[Goldwasher]

Is it true that since the Sup. court is reviewing that the other decision is de-published? Asking cause I read that somewhere else.

 

[calnatv]

A email reply from Stopher to me:

Following the Appeals Court decision in the Rinehart case, and Judge Ochoa's Ruling in San Bernardino County Superior Court, on January 21, 2015, the California Supreme Court voted to hear the issues related to possible Federal preemption related to suction dredge gold mining. Until the Supreme Court resolves this issue, the existing moratorium on suction dredge gold mining remains in effect, and the California Department of Fish and Wildlife cannot issue suction dredge permits. We cannot predict with any certainty how long this may require though it is likely to require at least several months, and perhaps longer, to resolve.

Mark Stopher
Senior Policy Advisor
California Department of Fish and Wildlife
601 Locust Street
Redding, CA 96001
Office 530.225.2275 Cell 530.945.1344
Mark.Stopher@wildlife.ca.gov
Redirect

 

[ScottC]

I'm beginnings to think this is all about lawyers making and enviro groups making money. Lawyers get paid as long as this stays in court. And they all know that in several years the Supreme Court will rule in the miners favor because it's already law that they can only reasonably regulate and not ban mining on a federal mining claim. One thing is for sure, it sounds like the lawyers are connected to people and judges in power and are calling in favors.

 

[NeoTokyo]

wtf is that? Is Mark pretty much ignoring what already happened?

 

[russau]

I certainly hope Keene and Jobe and Proline have already donated...

Can we start a crowdfunding app for the good Mr. Buchal?

along with gpaa these are some of the biggest donators!

 

[Jeff95531]

A email reply from Stopher to me:

Following the Appeals Court decision in the Rinehart case, and Judge Ochoa's Ruling in San Bernardino County Superior Court, on January 21, 2015, the California Supreme Court voted to hear the issues related to possible Federal preemption related to suction dredge gold mining. Until the Supreme Court resolves this issue, the existing moratorium on suction dredge gold mining remains in effect, and the California Department of Fish and Wildlife cannot issue suction dredge permits. We cannot predict with any certainty how long this may require though it is likely to require at least several months, and perhaps longer, to resolve.

Mark Stopher
Senior Policy Advisor
California Department of Fish and Wildlife
601 Locust Street
Redding, CA 96001
Office 530.225.2275 Cell 530.945.1344
Mark.Stopher@wildlife.ca.gov
Redirect

Man, that threat is real. "We're the government and we'll take as long as we want to correct our errors." Looks like the judge(s) need to add a deadline for restoration of our taken rights.

 

[Bejay]

Man, that threat is real. "We're the government and we'll take as long as we want to correct our errors." Looks like the judge(s) need to add a deadline for restoration of our taken rights.

I am not sure if it is "KOSHER" but I think I would forward that response to Judge Ochoa and anyone else that might find it to be "attempting to obstruct by delay"!

I have been around a lot of sore losers who let their "power" dig holes in which they can not ever climb out of!


Bejay

 

[Rdg Sluicer]

Mark Stopher will answer all your questions as polite as he can but make no bones about it he would love to screw us all!!! Dont trust that guy for a min! I talked to him once a few years back and by our conversation it was obvious he had been lerking on this board as well as he was quoting things that had been poster here. Just an FYI... remember what side he is on!

 

[ScottC]

You know, I like the dept of fish and game, at least back in the 1970s I did, I remember talking to them out in the field all the time, they used to be the miners friend. I haven't talked to a fish and game field officer in decades. But from the sounds of it things have changed.

 

[Goldwasher]

Mark Stopher will answer all your questions as polite as he can but make no bones about it he would love to screw us all!!! Dont trust that guy for a min! I talked to him once a few years back and by our conversation it was obvious he had been lerking on this board as well as he was quoting things that had been poster here. Just an FYI... remember what side he is on!

What side he is on is of no matter as long as we make it a point that he remembers who he actually works for!!!!!!!!!! I think there are quite a few who are being reminded that their checks come from our pockets and we have had enough!

 

[Helogold]

Well, you know what. I think I'm just gonna dredge anyway, and if cited, I'll just join Rinehart in a case against the government. I currently have a valid placer claim on USFS land and would almost invite California Fish and Game to cite me. In the interim, I'm gonna send Attorney Buchal a $100 to help with the cause.