Legislative and Regulatory Update
July 2014 by Scott Harn• Settlement hearings
At press time, the mandatory settlement hearings are still pending in San Bernardino, California.
All parties in the suction gold dredge court battle were ordered by Judge Gilbert Ochoa to appear or participate by phone on June 24, with additional dates of June 25 and 26 set aside if needed.
As mentioned last month, this is a good sign. If Judge Ochoa was prepared to rule against the miners, he would have already done so. But case law is in favor of the miners—states are allowed to reasonably regulate mining but cannot prohibit it. The moratorium that began in 2009 is, in effect, a prohibition, and the new regulations promulgated by the California Department of Fish & Wildlife would make it impossible to operate a suction dredge profitably even if the moratorium is lifted.
We will continue to post updates to our website
• Fighting back
You’ll notice some positive articles in this issue about miners fighting back. A few legislators seem to be taking note of the overbearing nature of federal agencies and are lending a hand.
We are certainly happy to see this trend developing and pray it continues.
There is a lesson here. Federal agencies will continue to abuse their authority and restrict our rights if we allow it. Summarize the issues involved in your case and ask for a meeting with your state or federal representative.
Be polite and respectful, but don’t allow government officers or agents to ignore the law.
You are guaranteed to lose your rights if you allow the abuse to continue!
As this issue is mailed, we’re heading off to Idaho for the Occupy Idaho Waters dredging protest. Miners will gather on the Salmon River near Riggins, Idaho, to protest EPA interference with the dredging permit process.
From June 30 through July 6, miners will gather to dredge with the support of county commissioner Jim Chmelik and the local sheriff.
We’ll report on this event in the August issue.
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!
We can’t say it wasn’t expected. The California Department of Fish & Game released revised suction gold dredging regulations on February 17, 2012, and it’s obvious the agency wants to make life as difficult as possible for dredgers.
Since 2005, a group representing a handful of Oregon and Washington mining organizations, centered around the Eastern Oregon Mining Association (EOMA) and the Waldo Mining District (WMD), have been actively fighting the Oregon Department of Environmental Quality (DEQ) over their then new “700PM Suction Dredge Mining Permit.”
• Actions speak louder than words
• Biden nominee for BLM director has ties to eco-terrorist groups
• Obama’s parting shots
• California suction dredging
• Oregon follows California’s lead
• Lawsuit coming; bill introduced to stop mining in Washington State
• President Trump halts new federal regulations
- Reminder: Annual claim fees due September 1, 2017
- Update on California suction gold dredging
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.
The Bawl Mill • A Return to Silver City, Idaho • Ask the Experts • Ask the Experts • Ask the Experts • Swing and a Miss • Miners Fight Back Against Road Closures • The Giant King Mine • BLM Flexes Its Muscles in Quartzsite • Over the Divide • Romancing the Lens • Gold Recovery with Centrifugal Bowls • Mining on the Comstock Lode • Want to Go to Australia? • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices