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Suction gold dredge miners win on federal preemption miner

  • Suction Dredgers Release the McCracken Cascadia Wildlands

    Mar 26, 2014· Mr. McCracken sells gold dredges, teaches classes and runs a club that is part classroom and dredger indoctrination center involving a complicated scheme that puts gold club members and machines on claims and money in his pockets in ways that were never anticipated by the 1872 Mining Law. While those who have plunked down up to $3500 to be life members of the New

  • » Prospecting Has Been Good this Winter Downstream from

    In the event that we win the federal preemption argument, my guess is that suction dredge permits will again immediately be available in California. This, because a judge will have ruled that we can dredge even if California fails to issue permits. It is impossible to

  • Goldhounds Live Page

    A criminal record attaching to a miner's good name is not something that can be made whole by the payment of money damages. but also of Federal preemption allowing suction dredge mining, making the California prohibition on suction dredge mining unconstitutional. 2014! GOLD PROSPECTING & MINING SUMMIT WILL BE HELD APRIL 4-7, AT THE EL

  • Dredging Public Lands For The People

    And, although PLP wanted to appeal Judge Gilbert Ochoas ruling on the suction dredge cases in California Superior Court, the mining community had grown weary of legal wrangling after small-scale gold miner Brandon Rineharts federal preemption case was overturned, and funding completely dried up, Wegner said.

  • California gold miners score another win over state The

    Jan 14, 2015· Californias 21 st century gold miners have scored a second major victory over state efforts to restrict or ban them from searching for the precious metal in rivers and streams on

  • Bohmker v. Oregon Pacific Legal Foundation

    By banning suction dredge mining, Oregon has criminalized the only profitable means of mining federal streambed claims in the state. If suction dredging remains outlawed in Oregon, all of the states streambed gold will stay right where it is, and a lot of miners will be out of a job and lose the value of their mining claims.

  • California Gold-Dredging Ban Upheld by High Court

    Aug 23, 2016· (CN) In a win for protectors of Californias natural resources, the state high court ruled Monday that federal laws do not pre-empt a temporary ban on a controversial method of gold mining. The state asked the California Supreme Court to review the reversal of Brandon Lance Rineharts 2012 conviction for unpermitted use of the suction

  • » Search Results » suction mining

    Stern, 1988. Effects of suction dredge mining on anadromous salmonid habitat in Canyon Creek, Trinity County, California. M.S. Thesis, Humbolt State University, Arcata, CA. Thomas, V.G. 1985. Experimentally determined impacts of a small, suction gold dredge on a Montana stream. North American Journal of Fisheries Management 5:480-488. US EPA, 2001.

  • 3rd Appellate District - Gold Prospectors Association of

    The Brandon Rinehart case decision puts the onus on the lower courts in California to rule on the issue of federal preemption, which is the crux of all the mining cases the states cannot legally interfere with mining rights that are granted by Congress under the federal Mining Law of 1872 because federal law is the "supreme law of the land under the Supremacy Clause of the U.S. Constitution.

  • Miner's News ICMJs Prospecting & Mining Journal

    Apr 29, 2021· Video: Gold Miner Found $2.5 Billion Worth of Uranium March 10, 2020 by Scott Harn, Editor/Publisher ICMJs Prospecting and Mining Journal In our March 2020 issue, we published an article titled, " Caught Between A Hard Rock and A Rare Earth Pla

  • California suction dredge update American Mining Rights

    It has now been 10 years since we could legally suction dredge in California. Our rural communities are dying from many things; lack of tens of millions spent yearly by the small mining community and dredgers for 10 straight years, over-regulation, forest mis-management and forest fires, the highest taxes in the country and an ideology which truly confounds reality.

  • California v. Rinehart :: 2014 :: California Court of

    On or about June 16, 2012 Defendant Brandon L. Rinehart did use vacuum and suction dredge equipment in the County of Plumas in a river or stream in the Plumas National Forest in an area closed to suction dredge mining by the State of California, and did not then possess a valid permit issued by the California Department of Fish and Wildlife

  • » Californias Moratorium on Suction Dredging is Being

    Several other mining associations are contributing to the legal costs. In the event that we win the federal preemption argument, my guess is that suction dredge permits will again immediately be available in California. This, because the Appellate Court will have ruled that we can dredge

  • The Suction Dredging War Starts in Washington: Gentlemen

    Mar 08, 2014· The above clip came to mind when I was dealing with a recent posting on a fishing site about suction dredge mining in Washington State. No one expects the Spanish Inquisition and most are not prepared for the onslaught of vitriol, misinformation, threats and bullying typically unleashed by the suction dredge crowd anytime anyone questions their rights to run wild and go motorized in our

  • THE WESTERN MINING ALLIANCE News From the Mines

    the Mine Safety Health Act. If you watched the Gold Rush show on the Discovery channel last fall, then you realize how far this act has reached into disrupting the small miner at absolutely no benefit. We, as small miners, damned sure dont need Federal regulators watching us dredge

  • No. 18-979 In The Supreme Court of the United States

    California suction dredge moratorium. Many of the small-scale miners AMRA serves use suction dredging as their primary source of income and many use suction dredging as an offset to their income or as a retirement fund. A small vial of goldroughly the

  • Pacific Legal Foundation Breif Re: CA Suction Dredge Ban

    Jan 20, 2014· The argument is that California essentially has determined that in stream placer gold mining on federal lands within the borders of California is limited to recreational activities such as gold panning; that California has failed to regulate suction dredging for placer gold -- instead it has prohibited this type of mining. The reason this

  • Opinion - Pacific Legal Foundation

    National Forest in an area closed to suction dredge mining by the State of California, and did not then possess a valid permit issued by the California Department of Fish and Wildlife, then known as the Department of Fish and Game, to use his vacuum and suction dredge equipment. "2. On or about June 16, 2012 Defendant Brandon L. Rinehart did

  • May 1st Dredge Case Summary - GOLD PROSPECTING - Nugget

    Sep 15, 2014· Rinehart is a suction gold dredger, and he operated with a permit up until the time that the State of California stopped issuing permits. Unable to obtain a permit, he continued dredging in protest. On June 16, 2012, he was cited for dredging without a permit on his own federal mining claim. Rinehart pled guilty while retaining his right to appeal.

  • PLP Update: The Path for Legally Re-Starting Suction Gold

    Mar 30, 2020· Suction dredge miners can be cited or sued at a rate of over $51,000 per day, as has already happened to a California miner dredging in Idaho who defied the present 402 NPDES program administered in Idaho, yet had consented to (and advocated for) its application to a suction dredge in California and thus faces over $3 million dollars in fines

  • Supreme Court rejects Rinehart case - Gold Prospectors

    Jan 08, 2018· At some point, you would think the Supreme Court would take on these cases to determine whether federal preemption is a valid argument or a valid law, or not. Because the Mining Law of 1872 is a federal law, miners contend it should supersede any state law that bans suction dredge mining. Dredging is legal under federal law and in most

  • Don't Accept The Premise - ICMJ's Mining Journal Forums

    Feb 15, 2014· In the event that we win the federal preemption argument, my guess is that suction dredge permits will again immediately be available in California. This, because a judge will have ruled that we can dredge even if California fails to issue permits. It is impossible to predict how long it will take the Court to issue a Decision.

  • CA DREDGING Legal Update Public Lands For The People

    As the PLP membership has already been informed, on January 12, 2015, the Honorable Gilbert G. Ochoa, Judge of the Superior Court, San Bernardino County, issued a Ruling which, in effect, granted PLPs motions for summary adjudication regarding Federal preemption as to the States prohibition on suction dredge mining and the 2012 Suction

  • People v. Rinehart The Recorder

    Further proceedings necessary to determine whether Fish and Game Code statute provisions impeding gold miner's activity were preempted by federal law (Hull Acting P. J.)

  • SB 670 Ca dredge ban - GOLD PROSPECTING - Nugget Shooter

    Sep 08, 2009· Suction dredge operators working valid federal mining claims have a constitutional right under the 1872 mining laws to recover the valuable minerals present in the substrate. Private property owners and holders of state minerals leases also have rights to recover gold and other minerals present in streams and rivers.

  • California Supreme Court to Decide Whether the Mining Law

    Feb 10, 2015· Californians engaged in suction-dredge mining have vigorously fought against the states ban, and a panel of the Court of Appeal recently agreed with the miners argument that the state ban violates federal law that generally allows mining on federal lands.

  • » Search Results » suction mining

    Prohibits any and all suction dredging for gold in the state of Oregon. Will take away jobs and small-business for thousands of people in Oregon. A maximum of one year in prison and a $6,250 fine or both. SB 115 is a takings of all of our mining rights. SB 115 is a preemption of the Federal Mining Law.

  • Federal supremacy protects miners' rights Pacific Legal

    Jul 21, 2016· Suction dredging uses a small, lawn mower-sized motor and an underwater vacuum hose to suck up and filter gold out of streambed sediment. Federal law allows itencourages it, even. But if suction dredging remains outlawed under Oregons law, all of Oregons streambed gold will stay right where it is, and a lot of miners will be out of a

  • Accomplishments Public Lands For The People

    This demonstration of federal preemption was judicially noticed in the Rinehart and San Bernardino suction dredge cases and unfortunately was ignored by the CA Supreme court. PLP supported member Ernie Peachay in order to prevent the destruction of historic mining structures by the Forest Service in Tahoe National Forest.

  • WHY PLP WILL WIN IN FEDERAL COURT RE SB 670 - Page 2

    Dec 23, 2009· 1. LIE: Small scale suction dredge gold mining is RECREATIONAL. TRUTH: If you own a valid unpatented mining claim, it is a federally protected private property right. 2. LIE: Small scale suction dredge gold mining pollutes the waterways. TRUTH: Suction dredge intake nothing more than what it already there & puts it right back minus heavy metals.

  • Miner's News ICMJs Prospecting & Mining Journal

    May 14, 2020· "The only way to restore suction gold dredging, in our opinion, is to use federal preemption and change the regulatory scheme at the federal level." I still believe suction gold dredgers can and will overcome the permitting scheme put forth by states like California, but -- as I've stated many times -- the path must go through Washington, DC.

  • Ninth Circuit Holds That Environmental - Mining

    Dec 19, 2018· Opponents argued its practical effect was to ban suction-dredge mining, which they described as the only practicable method to mine gold from their federal mining claims. They argued that the law prevented them from exercising their mining rights and was therefore preempted under the principles of Granite Rock and South Dakota Mining Assn. v

  • Suction Gold Dredge Miners Win On Federal Preemption

    Suction Gold Dredge Miners Win On Federal Preemption. February 2015 by Scott Harn. Judge Ochoa went so far as to call the California permit scheme unenforceable.

  • Suction DredgingSucks Cascadia Wildlands

    Sep 17, 2012· EPA does not support a position of abolishing all suction-dredgingmining for gold. Furthermore, to suggest that I should not use my education and professional knowledge to defend small-scale gold suction dredge miners against your lies, deceit and professional incompetence, and total misdirection of the subject at hand is ridiculous.

  • The Brandon Rinehart case American Mining Rights

    Unlike hydraulic mining, suction dredging does not flood the valley farms and deposit hundreds thousands of yards of sediment in the lower river. There are no studies in which it shows suction dredging harms even one fish. Suction dredging has had a positive impact on the environment, it is political ideology which says it doesnt, not science.

  • The future of suction dredging American Mining Rights

    At the age of 21 I became a prospector/miner by the method of suction dredging. I now have two gold claims in Idaho and a dear friend in El Dorado Hills Ca. that has several gold claims in California which we cannot productively work without the use of a suction dredge and

  • Scott Harn - Editor - ICMJ's Mining Journal Forums

    Jun 24, 2019· Ronald C reacted to a post in a topic: Suction Gold Dredge Miners Win On Federal Preemption January 19, 2015 Suction Gold Dredge Miners Win On Federal Preemption Scott Harn - Editor posted a topic in Sluicing, Highbanking and Dredging

  • Dredgers defend mining rights in California Supreme Court

    Jun 14, 2016· The pivotal point in the California court cases over suction dredge mining has been federal preemption, in other words the Supremacy Clause of the United States Constitution which states that federal law is the supreme law of the land and therefore trumps state law.

  • Path for Legally Re-Starting Gold Suction Dredge Mining in

    Suction dredge miners can be cited or sued at a rate of over $51,000 per day, as has already happened to a California miner dredging in Idaho who defied the present 402 NPDES program administered in Idaho, yet had consented to (and advocated for) its application to a suction dredge in California and thus faces over $3 million dollars in fines and

  • Mining & Suction Dredging News The Adventure of Mining

    Assisting this efficacious condition are state laws that restrict suction dredging, during the hatching and development of young fish. Taking notice of these rational and effective mining methods, a state court in San Bernardino, California ruled in favor of the suction dredge miners