5th Circuit Ruling May Benefit Miners
April 2011 by Scott HarnThis ruling comes at an opportune time, just as suction dredge miners are dealing with new proposed regulations in several western states. Be sure to cite this case when you provide comments on the regulations!
Many of you are aware that we have been engaged in litigation with anti-mining activists that have been attacking us through the Karuk Tribe of California since 2003. It all started with their lawsuit against the US Forest Service (USFS), challenging that District Rangers do not have the authority to allow small-scale mining activities under a Notice of Intent (NOI) when the Ranger concludes that the mining activity is not likely to create a substantial surface disturbance.
The one legal entity that can change the game and provide a path and template to protect landowners and public land users across the United States is the miner.
• Anti-dredging bill SB 637 passes
They cited concerns that the Trump administration would allow more logging, oil drilling, mining or development on some of the 46 million acres controlled by the federal government in California.
I hope this case inspires some of you. It shows that miners can and do succeed when they are persistent and well-prepared, even when representing themselves against state and federal attorneys in a court of law.
Those miners present immediately recognized the benefits of becoming members of MMAC and joined up on the spot. I spent some time answering a few questions, and then the miners took over.
• Pacific Legal Foundation joins effort to overturn California dredging moratorium
• PLP fund drive continues
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