Setback in Oregon Moratorium Case

[winners58]

Setback in Oregon Moratorium Case - motion for summery judgment on the issue of preemption- Denied
.
View attachment 67.pdf

 

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[motohed]

Looks like more screws to the miner too me .

 

[Alex Burke]

The link is broken I think Winner

 

[winners58]

http://www.mailtribune.com/article/20160325/NEWS/160329753
http://www.biologicaldiversity.org/news/press_releases/2016/gold-mining-03-25-2016.html

I hope they can get this into an appeal quickly
you can tell the judge is biased, he states the Rinehart opinion is now unpublished and cant be used
but then quotes the Federal attorneys "friend of the court" brief from Rinehart California supreme court that hasn't had a court date yet.


link to court pdf on tnet
http://www.treasurenet.com/forums/attachment.php?attachmentid=1290248&d=1458955816

 

[Hoser John]

if you tell a blatent lie enough times and your mindless minions parrot it many 1,000s of times it has become science and of coarse the insanity then becomes a law/ban/taking John

 

[wildminer]

I despise liars and learned long ago that you cannot deal with them. They are not real. This truly is insanity.

 

[M.E.G.]

Setback in Oregon Moratorium Case - motion for summery judgment on the issue of preemption- Denied.

Not supersizing given the track record of the same attorney associated with the continued case losses for the many years now.

 

[ratled]

Not supersizing given the track record of the same attorney associated with the continued case losses for the many years now.

To be fair, Mr Buchal did win in the 3rd for Brandon - only to have the political fix step in and kick it to the supreme court- someday someone has to explain to me how this isn't double jeopardy.

He also won federal preemption for New 49ers and PLP - only to have the political fix step in and prevent him from enforcing it.

Having read both James' email he sent out with the order and the order, it seems in this case they skipped the win for the miners and went straight for the fix. Just how are you suppose to win against that!!!!

ratled

 

[M.E.G.]

Miners still out of the water, and now being further restricted to how close they can even get to it. Some short years back, Tom Kitchar (Waldo Mining District President) was expressing how well him and others were doing in educating Mr Buchal on mining law, at the tune of $100,000 (at that time) of the miner's money. I can't say there's not any mining going on since attorneys got evolved, but it would appear the prospectors/miners are the ones getting mined.

 

[ratled]

I can't say there's not any mining going on since Political Will got involved, but it would appear the prospectors/miners are the ones getting mined.

There I fixed it for you, it's not like the lawyers put us out of the water. We would have been out of the water well over a decade ago if we didn't start fighting for our rights.

ratled

 

[winners58]

it was definitely Political, were just poor folks we couldn't afford a full blown case so we went with an injunction
it came down to the question is it land use or environmental regulation to ban mining.
So now we are broke and left to our only recourse, that is to mine anyway...

SB838 only bans motorized mining for "gold, silver and other precious metals"
So I'm going to dive for lead, lead fishing sinkers and when I pull 300lb out of the river
I'm going to ask the fishing groups, what affect are you having on our rivers?

 

[M.E.G.]

Behind The Woodshed Blogcaster ? Mar. 27, 2016 | Real Liberty Media

Talk on Oregon Moratorium Case. Start your listening @ 22:30 on the clock

 

[winners58]

I don't agree with any of ya'
legal this, legal that, what about the facts...

The scale of suction dredging is so small it would take me 10+ years to work from
the bottom to the top of a 20 acre mining claim and each year with the first rains
any disturbance is flattened out, I have to reference my journal just to know where I've been.
this has been blown way out of proportion, the small portion of streams that have gold
have mining claims, are segments that are working streams and have been continuously
worked with suction dredges from the 1960's and it just is, an existing use.
you cant take away an existing use and replace it with a beneficial or recreational use.
in legal speak because of changes by legislation we would be classified as a
"legal nonconforming grandfathered use" in streams mined before and since the CWA of 1972.

Occasional disturbance to habitats are mitigated by best management practices
and in- water work timings protect fish, are already outlined in current statute and rule.

 

[oregonmp03]

The 9th circuit has always been a very liberal tree hugging, lets all love one another, and shoot rainbows out our arse. Just wait until it goes to federal and it'll get overturned. It sucks to wait and I support the people fighting it, just sucks our system has to go so far and take so long to get the appropriate ruling.

 

[goldenIrishman]

. It sucks to wait and I support the people fighting it, just sucks our system has to go so far and take so long to get the appropriate ruling.

That's what happens when you have an enemy with very deep pockets, false science and Judges that can't find a pair between the lot of them. We miners have been fighting an uphill struggle from the beginning but little do they know that we're a persistent bunch of cusses!

 

[oregonmp03]

getting a good judge is a stacked roll of the dice. I've literally had a judge (for a traffic ticket) tell me that "laws only apply when they are in favor of the government." (direct quote)