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New twist in People v. Rinehart suction gold dredging case -- State of California seeks review by California Supreme Court

November 18, 2014

by Scott Harn
ICMJ's Prospecting and Mining Journal


We just received news from attorney James Buchal and Public Lands for the People president Jerry Hobbs that the State of California has petitioned the California Supreme Court, requesting review of the California Third Court of Appeals decision in People v. Rinehart.
Attorneys for the State of California are getting desperate as suction gold dredgers are edging closer to winning this battle. We are checking with attorney James Buchal to find out what we can do to further support this case. We know Buchal has only twenty days to file his response with the Supreme Court on behalf of Rinehart.

Below is a short summary of the latest developments. We will continue to update you as we receive new information.

September 23, 2014
Third Court of Appeals ruled Rinehart should have been allowed to present evidence that federal mining laws preempt state mining laws at his trial for suction gold dredging without a permit on his federal mining claim. The case was remanded back to the lower court.

Hundreds of miners wrote to the Court of Appeals, requesting the court publish their decision so it could be used in other litigation.

October 7, 2014
Center for Biological Diversity followed up with a request to the Third Court of Appeals to modify their opinion, claiming the bed of the river actually belongs to the State of California.

October 8, 2014
Third Court of Appeals granted the request from miners to publish the Rinehart decision.

October 10, 2014
Third Court of Appeals denied the request for modification from the Center for Biological Diversity.

December 12, 2014
Next scheduled date for the Mandatory Settlement hearings in the consolidated suction dredging cases in front of San Bernardino Superior Court Judge Gilbert Ochoa.

Here is the pdf file:
Petition for Review filed by the State of California with the California Supreme Court

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