September 2020 by Scott Harn
We have put several documents in the hands of the correct people in Washington, DC, and are now just waiting to schedule conference calls or online meetings to address several issues, such as federal preemption, dredge permitting, access, and more.
In the meantime, I want to highlight some recent court cases won with the assistance of Public Lands for the People (PLP) taken from the PLP newsletter.
Recapping our recent win:
PLP Member Wins “No Addition” Argument in CA State Court
For the very first time in CA State court, a small miner has won the “no addition” argument—this time against the CA Dept. of Fish & Wildlife. Gold miner Michael Osterbrink, along with PLP’s expert testimony delivered by PLP’s legal researcher Clark Pearson, fought back a charge by the Sierra County District Attorney Mr. Osterbrink’s mining “had polluted state waters with materials that are deleterious to fish in violation of section 5650 of the CA Fish & Game code.”
Mr. Osterbrink was found not guilty of violating section 5650 of the CA Fish & Game code, which prohibits pollution of state waters with materials that are deleterious to fish and wildlife (count 2). PLP cannot understate the importance of this legal decision in our present battles with the political powers of the regulatory swamp. This is a really big deal!
So-called environmentalists in CA believe that miners are polluters—not true! There are no foreign substances added, a fact PLP has been touting for many years, and the court agreed. The court stated, “…I really think 5650, the intent of the legislature there is to deal with situations where a defendant has deposited something new, a foreign substance. Here, there doesn’t seem to be any dispute that this defendant did not add anything new. So I am going to find Mr. Osterbrink not guilty on count 2.”
You may recall back in 2015, PLP member John Godfrey also won the “no addition” argument in count 5 against the Forest Service. (See: www.publiclandsforthepeople.org/accomplishments/)
In the Godfrey case, the Forest Service even had a so-called expert lead engineer from the CA Water Board testify that what Godfrey had done amounted to pollution to no avail to the government. Godfrey won in federal court and now Osterbrink has won in CA state court. PLP had confidence that it was a solid argument that could be won, even in a California state court.
Osterbrink’s decision will go a long way in helping get suction dredging to legally return to California and other states. PLP once again successfully stood by its arguments that are successful when applied properly, even when others have waivered and compromised.
We are heading into 2019 with a cautiously optimistic view. We feel we are very close to obtaining regulatory relief for miners, and believe this NDAA cycle will prove fruitful.
I’ve received quite a few inquiries from miners who are beginning to realize that traditional Mining Districts are powerful entities and they are looking to get their district organized if it’s in disarray.
“In light of the results of the midterm elections our focus will be with the US Senators and their staffers that we have already been working with.”
Many miners have failed to exercise their rights by using the power of their Mining Districts and laws that are already on the books, such as 43 CFR 9712.1, which states…
If you are a claimholder and your Mining District is in disarray, it’s time to join MMAC and get on board so your district can benefit from these changes as they are implemented.
Even more prospectors arrived on Saturday morning, and drywashers and detectors were in use for much of the day...
Each separate Mining District is a federally recognized entity. There are huge advantages—picture yourself going to an oversight meeting where 2, 3, 4, or even more Mining District representatives have obtained voting positions on the board.
The Bawl Mill • Ask The Experts - What is the difference between heavy and light rare earth elements? • Ask The Experts - What are the tax implications for partners on a claim? • Ask The Experts - What should my plan be for testing quartz for gold in North Carolina? • Ask The Experts - Did gold deposits come from space or were they created underground? • Ask The Experts - Is a shaker table going to work on my flour material? • Subtle and Not So Subtle Dangers of Hard Rock Mining • How Should I Work This Prospect? • Tips and Tricks: Preparing Your Dredge Engine for Storage • Fluorescent Mineral Prospecting • More Tips on How to Find Gold with A Detector • What Do You Need For A Successful Micro-Scale Mine? • Using Favorable Rock Types to Find More Gold • Gold Prospecting for Better or Worse: Of Mice and Men • Discovering New Territory • Melman on Gold & Silver • Mining Stock Quotes and Mineral & Metal Prices