November 2019 by Scott Harn
Public Lands for the People (PLP) is challenging the California Department of Fish & Wildlife after the agency attempted to expand their authority to regulate a lawful activity.
PLP is providing expert help on behalf of a member who was cited for not having a stream alteration permit for drywashing in an area nearly above the timberline where the only water that runs through there is during a rainstorm or during the snow melt.
The miner was drywashing using a small, gas-powered drywasher for a short period of time—maybe an hour—when he was asked by a ranger to see his permit, which is not required to prospect at this small of a scale. PLP has provided several relevant decisions to the court that relate to this case and is offering expert testimony on the member’s behalf.
We will keep you posted as this case progresses.
Clark Pearson (PLP northern director) and I have maintained contact with officials in Washington, DC regarding the recent petition for rulemaking related to suction gold dredging. As explained in the petition, the Clean Water Act clearly states there must be the addition of a pollutant to trigger the need for a Section 402 permit and there is no such addition involved when using a dredge. We will continue to seek action on the petition and will schedule a return trip to DC in early 2020 to follow-up on this issue, and we’ll also seek a meeting with Tim Charters, the new executive director of the Western Caucus.
Mining Districts are the private regulatory authority granted by Congress recognized to regulate the mineral lands held by the United States and for the disposal to citizens of the United States, by means of development and potentially perfected by patent.
Q: The nearest access to the claim is a half mile walk, which is tough for a lode claim.
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We are quite pleased to report there are some courageous miners who have taken the time to learn their rights and have gone back to dredging while knowing they could be unlawfully harassed at any time by law enforcement…
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