Fighting and Winning Without a Lawyer
August 2013 by Steve HicksThis article may not be as interesting as someone describing a big nugget find in Australia...but right now the biggest obstacle to mining is our government.
On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
This 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!
• Partial win for miners
• California suction dredging
• Feds continue to push for more public lands
• Idaho suction dredging
Is there any hope for a solution? Yes, there is, and we’ve been working with Public Lands for the People, the Minerals and Mining Advisory Council, attorney James Buchal and others on that solution.
On November 30, 2015, the Galice Mining District (with the support of the Waldo Mining District), along with several Oregon mining associations and individuals, filed a Motion for Summary Judgment against the State of Oregon and SB 838...
The Senator’s office was very receptive to the small miner’s plight and was unaware of the dire problems created by the over-regulation of small-scale mining from so many different fronts. It was pointed out that S 145 may help the large mining companies a little, but falls woefully short in addressing the needs of small operators who make up 85% of domestic mines.
Besides the EPA issue, our major priority is to work on the proposed amendment to the National Strategic and Critical Minerals Production Act (S 145), a bill proposed in the Senate by US Senator Dean Heller (R-Nevada).
The Bawl Mill • Ask the Experts • Ask the Experts • Ask the Experts • Ask the Experts • Common Mistakes of the New Detectorist • The Pearce Mineralized Area, Dragoon Mountains, Arizona—Part II • Mining for Gemstones and Mineral Specimens • The Essentials of Dry Washing • Fortymile, Alaska Prospecting Adventure • Court Says Emergency Rule in California Unjustified • Sampling Placer Stockpiles • Lower Prices Bring Layoffs • Prospecting Research • Buyer Beware! Counterfeit Metal Detectors • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices • Underground in the Original 16-1 Mine