Lawsuit Update From the New 49'ers
December 2012 by Dave McCrackenMany 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.
- Oregon miners petition US Supreme Court in Bohmker v. Oregon
- Wheeler receives hearing as EPA administrator
A two-pronged approach is necessary to restore suction dredging; federal preemption needs to be established as addressed above via petition; and clarification from the EPA is needed to establish that no Section 402 permit is necessary when there is no “addition” of a pollutant.
Judge Ochoa went so far as to call the California permit scheme “unenforceable.”
• Good news on EPA regs
• California rewards key appointment to dredging foe
• Republicans seek to block creation of National Monuments
• Zimbabwe threatens seizure of mining rights
For now, MSHA is just collecting information. However, the information it collects will shape what comes next.
During discussions with other property rights advocates and members of the current administration, Karen Budd-Falen’s name was mentioned many times as a possible director for the Bureau of Land Management (BLM).
We now have supporters who are well known and connected in Washington, DC, and who state they will assist us in bypassing lower level staffers and getting us face-to-face meetings with Senators.
The Bawl Mill • Ask the Experts • Legislative and Regulatory Update • Prospecting for Gold at Green Valley • Extraction of Precious Metals Using Froth Flotation • Detecting Old Ground Sluice Locations • Mineral Deposit Trends: Real and Imaginary • Four Arrested for California Mining Museum Heist • Scams, Scammers and Schemes • Constitutional Sheriffs Standing Up for Our Rights • What's Left Behind • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices