- #1
Thread Owner
First off, this is my humble opinion. I’m not an attorney.
BAN ON DREDGING AND USING MECHANICAL PROSPECTING DEVICES in CALIFORNIA, IS ONLY “TEMPORARY”, BUT THEY ACT LIKE IT’S A FOREVER LAW.
I live in Nevada, but was born and raised in California. I’m new to prospecting, and wanted to go make some trips to the American River to do some prospecting. I was checking on current rules and regulations, and was STUNNED to see the Ban on Dredging by private citizens. Well I started to do some research and found some interesting information, that I believe has already been established, and could REMOVE THE “TEMPORARY” BAN ON DREDGING IN CALIFORNIA!!! BUT IT NEEDS AN ATTORNEY TO TAKE TO COURT, AND PRESENT A VERY SIMPLE ARGUMENT BASED ON NOW ESTABLISHED CASE LAW, AND CALIFORNIAS LACK OF COMPLETING IT’S WORK AS REQUIRED FOR THEIR “TEMPORARY” BAN STATUS.
In a nutshell, a prospector was cited and charged with using an “illegal” (per the temporary ban of dredges or mechanical devices in California) method of prospecting. He challenged it, it went to California Supreme Court and he won, conviction reversed, charges dropped. UN-FORTUNATELY THE BALL WAS DROPPED THERE. California was using a Temporary Ban on dredging and mechanical devices over a decade ago (when Kamala Harris was CA AG), but they were required to do a study and develop a plan so prospectors and protection of the wildlife could co-exist, and still comply with the Federal Acts allowing prospectors to find, explore, and retrieve minerals. But California FAILED TO COME UP WITH THE PLAN, AND IS JUST LETTING THIS TEMPORARY BAN HAVE NO ENDING DATE AND NO ONE HAS CHALLENGED IT. The Supreme Court (CA), case already established case law that, the Federal Acts allowing prospectors rights superseded Californias Temporary Ban’s authority, but it didn’t go far enough to make them STOP ENFORCING THE BAN ON PROSPECTORS.
I believe all it would take is an attorney from California to prepare a challenge based on the CA Supreme Court finding, and the fact that California officials failed to create a plan in years and years and years of time to do so, allowing prospectors to work in conjunction with the environment as required to still comply with federal acts. California cannot just leave a “Temporary” ban in place INDEFINITELY!!
Are there any prospectors here that happen to be attorneys in California? Do you want to make history and change the future of prospecting in California forever? Most the work has already been done, just needs someone to put it over the line for the final score.
Just a thought, wonder if I’m off base, or if anyone agrees with me?
BAN ON DREDGING AND USING MECHANICAL PROSPECTING DEVICES in CALIFORNIA, IS ONLY “TEMPORARY”, BUT THEY ACT LIKE IT’S A FOREVER LAW.
I live in Nevada, but was born and raised in California. I’m new to prospecting, and wanted to go make some trips to the American River to do some prospecting. I was checking on current rules and regulations, and was STUNNED to see the Ban on Dredging by private citizens. Well I started to do some research and found some interesting information, that I believe has already been established, and could REMOVE THE “TEMPORARY” BAN ON DREDGING IN CALIFORNIA!!! BUT IT NEEDS AN ATTORNEY TO TAKE TO COURT, AND PRESENT A VERY SIMPLE ARGUMENT BASED ON NOW ESTABLISHED CASE LAW, AND CALIFORNIAS LACK OF COMPLETING IT’S WORK AS REQUIRED FOR THEIR “TEMPORARY” BAN STATUS.
In a nutshell, a prospector was cited and charged with using an “illegal” (per the temporary ban of dredges or mechanical devices in California) method of prospecting. He challenged it, it went to California Supreme Court and he won, conviction reversed, charges dropped. UN-FORTUNATELY THE BALL WAS DROPPED THERE. California was using a Temporary Ban on dredging and mechanical devices over a decade ago (when Kamala Harris was CA AG), but they were required to do a study and develop a plan so prospectors and protection of the wildlife could co-exist, and still comply with the Federal Acts allowing prospectors to find, explore, and retrieve minerals. But California FAILED TO COME UP WITH THE PLAN, AND IS JUST LETTING THIS TEMPORARY BAN HAVE NO ENDING DATE AND NO ONE HAS CHALLENGED IT. The Supreme Court (CA), case already established case law that, the Federal Acts allowing prospectors rights superseded Californias Temporary Ban’s authority, but it didn’t go far enough to make them STOP ENFORCING THE BAN ON PROSPECTORS.
I believe all it would take is an attorney from California to prepare a challenge based on the CA Supreme Court finding, and the fact that California officials failed to create a plan in years and years and years of time to do so, allowing prospectors to work in conjunction with the environment as required to still comply with federal acts. California cannot just leave a “Temporary” ban in place INDEFINITELY!!
Are there any prospectors here that happen to be attorneys in California? Do you want to make history and change the future of prospecting in California forever? Most the work has already been done, just needs someone to put it over the line for the final score.
Just a thought, wonder if I’m off base, or if anyone agrees with me?
