PLF files final brief to the Supreme Court in petition to hear Rinehart case

[winners58]

PLF files final brief to the Supreme Court asking to hear the Rinehart case, April 20th 2017

Briefing complete on cert. petition in Rinehart v. California - PLF Liberty Blog

Final brief; http://blog.pacificlegal.org/wp/wp-content/uploads/2017/04/FINAL-Rinehart-Cert-Reply.pdf
.

 

[mytimetoshine]

Those who IGNORE the facts are the same ones who constantly make grossly incorrect statements. They want you to ignore those who know what they are talking about so that you will blindly believe the crap they post.

The fact is that IF California intends to put an end to recreational miners they have many options.

For example real miners file Federal & State tax returns. In California and other States they pay real estate taxes on their claims. If you have a claim and are not filing tax returns or paying property taxes they can get you for tax evasion. You would also be in violation of the Mining Act and could, probably would lose your rights to the claims that you currently hold.

I doubt California will press the tax issue. They have you by the nuggets with the water regulations. If somehow you get past the water issues you better start filing tax returns and property taxes!

Chlsbrns opinion commands zero respect on this forum while Clay's respect has been earned several times over. You can't ignore that.

Sent from my SAMSUNG-SM-G920A using Tapatalk

 

[Tnmountains]

You guys may disagree but do not bash each other. Keep the conversation civil.

 

[Assembler]

Good point.

Hello
Tnmountains pointed out:

You guys may disagree but do not bash each other. Keep the conversation civil.

Great point. Thanks.

 

[wildminer]

Absolutely

Yes and it's done. I'll sleep better tonight w/the gray matter not so scrambled.

 

[chlsbrns]

The fact is that if the court decides that dredging permits be made available then according to the mining act you have to comply with State County and Local laws and regulations.

These are the State Regulations on water use...

State Water Resources Control Board

 

[Assembler]

Hello
Thank you for everyone's input here.
Keep the updates coming.

 

[goldenmojo]

Just a litttle update:

https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-970.htm


The case has been forwarded to the Solicitor General for review.

Here is the info for the acting Solictor General Jeffrey B. Wall. I am sending a please review the case letter and ask that he recommends that the Supreme Court takes the case. If ever there was a time to do something now is it. Put pen to paper and send it off. I am going to make copies of my letter and buy 100 envelopesand stamps and have 100 people sign the letter and hand it back to me. I will then make sure they are sent off. Do at least one letter. Do more if you can.

https://www.justice.gov/osg/contact-office

Jeffrey B. Wall

Office of the Solicitor General
950 Pennsylvania Ave., NW
Washington, D.C. 20530-0001

 

[goldenmojo]

If you need a form letter to send to the Solicitor General here are two that i made up. The first has verbage if you do not own a claim and the second is if you do. You can change them around anyway you want or write something completely different.


Your Name May 17, 2017
Your Address
City


Jeffrey B. Wall
Solicitor General of the United States
950 Pennsylvania Ave., NW
Washington D.C. 20530-0001


Dear Mr. Wall,

It is my understanding that the Supreme Court has referred the Brandon Rinehart vs People of California case to you for review and recommendation. I ask that you recommend that this case go forward and be heard in front of the Court. I am not currently the holder of a Federal Mining Claim in California but my ability to obtain and effectively mine a claim via dredging is now stopped by the State of California. The State will not issue me a permit to dredge under any circumstance at this time nor any known time in the future. I believe it is my right to mine a claim via dredging for profit under the Congressional Mining Act of 1872 and that my right and that of many others has been taken away in an overreach of the state’s authority. Your favorable recommendation to the Supreme Court will give us our chance to restore our Federal right to mine effectively. Thank you for help in this matter.

Respectfully.


Your Signature




Your Name May 17, 2017
Your Address
City


Jeffrey B. Wall
Solicitor General of the United States
950 Pennsylvania Ave., NW
Washington D.C. 20530-0001


Dear Mr. Wall,

It is my understanding that the Supreme Court has referred the Brandon Rinehart vs People of California case to you for review and recommendation. I ask that you recommend that this case go forward and be heard in front of the Court. I am currently the holder of a Federal Mining Claim in California and my ability to mine my claim via dredging is now stopped by the State of California. The State will not issue me a permit to dredge under any circumstance at this time nor any known time in the future. I believe it is my right to mine my claim for profit under the Congressional Mining Act of 1872 and that right and the rights of many others has been taken away in an overreach of the state’s authority. Your favorable recommendation to the Supreme Court will give us our chance to restore our Federal right to mine effectively. Thank you for help in this matter.

Respectfully.


Your Name

 

[Goldwasher]

SB637 put it in the hands of the SWRCB. To "decide" what will happen with the permitting process.

So, say they let us know that no permit is required or create the program whatever happens.

What would happen with Brandons case? Do they retroactively deal with something like that. I know they let people out of jail when punishments and laws change?

I don't see it as a separate case anymore if the water board gives the go ahead say while Brandon is waiting then what?

I realize that if the waterboard says no permit required or a program where you don't have to jump through so many hoops like they allege right now,

The sierra fund and Izzy are gonna lose it and run another angle.

As this isn't about CWA or Porter Colgne. It has been proven already that Dredging and small scale mining don't reach the required threshold for the permits they say you "may " need.

That is why when the moratorium went in place they changed definitions through the process, each time after a committee before the next hearing. ( several of us here were there, several times) So, they could try and get the non motorized noodle to stick to the wall, as this was about dredging remember....and now you got people on forums saying that they can't even use a hand dredge or shop vac, because their neighbors cousin, saw a ranger cleaning a bathroom, so yea no highbanking.

Joe bring me some letters I'll get people at the shop to sign. I ran out of ink two days ago printing warning signs....Highgraded again!!! By someone I know AGAIN!!!!
Lots of pic and video this time hoping a deputy will be by today.

Come get your saw and other widgets and bring me some form letters.

 

[QNCrazy]

Thanks GW! I used your template and added a few thoughts of my own. Going out in the maill tomorrow.

 

[Sam_at_Armadillo]

I appreciate the template also.
I added to my letter as well.
It goes out today.

I have also called the number every day.

Keep up the great work RATLED, Goldwasher, GoldenMojo.
Your efforts are invaluable.
:-)
Sam

 

[goldenmojo]

SB637 put it in the hands of the SWRCB. To "decide" what will happen with the permitting process.

So, say they let us know that no permit is required or create the program whatever happens.

What would happen with Brandons case? Do they retroactively deal with something like that. I know they let people out of jail when punishments and laws change?

I don't see it as a separate case anymore if the water board gives the go ahead say while Brandon is waiting then what?

I realize that if the waterboard says no permit required or a program where you don't have to jump through so many hoops like they allege right now,

The sierra fund and Izzy are gonna lose it and run another angle.

As this isn't about CWA or Porter Colgne. It has been proven already that Dredging and small scale mining don't reach the required threshold for the permits they say you "may " need.

That is why when the moratorium went in place they changed definitions through the process, each time after a committee before the next hearing. ( several of us here were there, several times) So, they could try and get the non motorized noodle to stick to the wall, as this was about dredging remember....and now you got people on forums saying that they can't even use a hand dredge or shop vac, because their neighbors cousin, saw a ranger cleaning a bathroom, so yea no highbanking.

Joe bring me some letters I'll get people at the shop to sign. I ran out of ink two days ago printing warning signs....Highgraded again!!! By someone I know AGAIN!!!!
Lots of pic and video this time hoping a deputy will be by today.

Come get your saw and other widgets and bring me some form letters.

Ok. I will bring them to your mining supply store. What is the address again?

 

[Clay Diggins]

It is my understanding that the Supreme Court has referred the Brandon Rinehart vs People of California case to you for review and recommendation.

Nice work Joe! Letters are important at this stage. Also if you have any chains to yank in DC now is the time.

Just a note.

Please don't send form letters. Try to make each letter individual and stick to one or two points. Sign in blue ink, hand address the envelope if you have good handwriting. Form letters are ignored and even where they aren't ignored they only "count" as one letter. The law is not a popularity contest. It's not how many send letters it's what is in those letters that can turn things the way you want.

Keep up the good work. The fact that the Supremes want the Solicitor General to share their opinion is really good news.

Heavy Pans

 

[Goldwasher]

Ok. I will bring them to your mining supply store. What is the address again?

7170 hwy 49 # 8 Lotus, Ca.

 

[Clay Diggins]

So are you next to the Pub?


Heavy Pans

 

[goldenmojo]

Nice work Joe! Letters are important at this stage. Also if you have any chains to yank in DC now is the time.

Just a note.

Please don't send form letters. Try to make each letter individual and stick to one or two points. Sign in blue ink, hand address the envelope if you have good handwriting. Form letters are ignored and even where they aren't ignored they only "count" as one letter. The law is not a popularity contest. It's not how many send letters it's what is in those letters that can turn things the way you want.

Keep up the good work. The fact that the Supremes want the Solicitor General to share their opinion is really good news.

Heavy Pans

Thanks Barry for all the great advice you always give. I will rethink my startegy on the letters and maybe write one hundred different ones to pass out. We are closer to a finish line than ever before and I have heard endless years of rambling on about how important dredging is and how everyone wants it back and how great that would be and how they would tear it up..... Now appears to be the time that everyone can do something as simple as write one letter to help get the case heard in the top court. What they will do to one they will do to another. Don't be the other another.

 

[Goldwasher]

So are you next to the Pub?


Heavy Pans

Yep. the owners are cool. They both work at Sierra at Tahoe for the winter. I like owners that work. I'm also right next to the only public bathrooms that side of town.

Location...location...... LOCATION!

I will be telling non prospectors about the positives of prospecting all season long. Getting kids to look down at colorful rocks, fossils, arrowheads and rusty nails and throwing rubber band powered airplanes.

Whatever I can do to get us all more friends.

More pans in more hands!!!

 

[Goldwasher]

Thanks Barry for all the great advice you always give. I will rethink my startegy on the letters and maybe write one hundred different ones to pass out. We are closer to a finish line than ever before and I have heard endless years of rambling on about how important dredging is and how everyone wants it back and how great that would be and how they would tear it up..... Now appears to be the time that everyone can do something as simple as write one letter to help get the case heard in the top court. What they will do to one they will do to another. Don't be the other another.

We can go over what to do about letters on Saturday. Now is the time for them to see a bunch of letters coming from the same areas from different people saying the same thing.

I've joined the chamber of commerce and have had great conversations with the director. She used to be a wildland fire fighter and her husband still flies the auto gyros for them.

I've also had a few good talks with owners in the rafting community. I'm working on changing perceptions in other circles.
Many here would be surprised how non hostile the majority of locals and every day tourists are to us.

Especially once you put gold in their hand.

My new Aussie raft guide adrenaline junkie neighbor didn't want to believe it was real.

He makes heavy duty shorts for guides. We are working on prospector pants. You guys are gonna like them.