New 49ers win temporary restraining order for dredge workaround

[Oakview2]

The New 49'ers :: Members Forum :: Motion for Temporary Restraining Order

 

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[russau]

great news!

 

[Oakview2]

Any win these days sets a great precedent.

 

[chlsbrns]

That's great news! I expected it and posted earlier today that it would happen as there was no emergency as defined by the law.

 

[dredgeman]

All gravel transfer systems away. Launch

Until July 31

Lets hope the SB cases do well on the 23

 

[Oakview2]

Wouldn'that be a hoot, if they want to drag it out, so be it

All] gravel transfer systems away. Launch

Until July 31

Lets hope the SB cases do well on the 23

 

[iamgman]

Worthless for those outside of Siskiyou county. Hope it goes statewide but that aint happening soon

 

[Goldwasher]

why wouldn't it be statewide?

 

[iamgman]

Because the judge modified the TRO for Siskiyou only

http://www.goldgold.com/wp-content/uploads/2013/07/TRO-10001.pdf

 

[Oakview2]

The statewide hearing is on july 30, 2012, hence the sunset.

 

[taternut]

Is this just for the underwater gravel transfer device? Or suction dredging in general in Siskiyou county?

 

[Oakview2]

If you read the handwritten portion, is does say sluicebox along with GTS. It will be interesting to see what comes of the next hearing when the judge summons the director of Fish and Shame and the hearings in San Bernadino on the 23rd.

 

[taternut]

It says without. Hopefully they don't change the definition, or reopen dredging at least in the northern areas

 

[Oakview2]

Missed the handwritten WO. Could be restored on7/23/13 in the San Bernadino case for injunctive relief. Would be a great battle to win, but won't settle this thing.

 

[Fullpan]

The statewide hearing is on july 30, 2012, hence the sunset.

The statewide hearing in San Bernadino? I'm confused, dredgeman says July 23 in SB.

Also, couldn't the same tactic be used county by county (if Temporary Restraining Order applies only to Siskiyu) - just get local lawyers to memorize Buchals
arguments?

 

[Goldwasher]

Because the judge modified the TRO for Siskiyou only

http://www.goldgold.com/wp-content/uploads/2013/07/TRO-10001.pdf

Thank You

 

[Oakview2]

Fullpan, he granted the Temp RO in siskyou county, but has called the director to court on the 7/30/13 for a hearing for a statewide temp RO to stop the results of the emergency ban of the dredge workaround. The hearing on the 23rd is for injunctive relief of temporary, almost five year moratorium. If the San Bernadino judge grants that in SB case, than the pontoons leaglly hit the water on 7/24/13. However no one seems to know under what regs.


Also, couldn't the same tactic be used county by county (if Temporary Restraining Order applies only to Siskiyu) - just get local lawyers to memorize Buchals
arguments?[/QUOTE]

 

[dredgeman]

Thanks Oak

The dredge regs should be the original ones in place now. 1994 regs are the only ones that have been fully implemented and approved to date.

The new dredge regs are not complete until the fee structure is in place. The fee structure is part of the direction for it to be implemented and are what the San Berni cases are mostly pertaining to.

 

[dredgeman]

Of course the whole intent was not to save anything, but to just stop what enviros do not like. Forcing people out of the hills will be a constant attack for the next few years.

 

[kuger]

F&G is out of control,I just prat that truth and honesty does prevail.I have zero faith in our justice system anymore......sorry