To everyone that wants to make a difference, THE TIME IS NOW!
Written by James Buchal, PLP’s Attorney in the Dredging cases against the State of California:
I have made at least two overtures to the Trump Administration concerning the Rinehart and Bohmker cases, in which the Obama Justice Department has told the courts that no federal preemption issue arises if states shut down mining on federal land for any reason or no reason. However, the Trump Administration has made no attempt to withdraw or counter the briefs filed by the Obama Administration.
Those interested in putting political pressure on the Trump Administration may wish to emphasize the following points:
- America cannot be great again without a mining industry
- Much of America’s mineral wealth is on federal lands
- States are shutting down mining with no bona fide reasons to do so
- The Obama Administration has misrepresented more than a century’s worth of preemption law in claiming that states can shut down federal mining
- The Trump Administration should repudiate and withdraw the briefs amicus curiae filed in the Rinehart (petition for U.S. Supreme Court review pending) andBohmker cases (pending in the Ninth Circuit).
Targets for letters might include the President, the Attorney General, the Solicitor General, and the Assistant Attorney General for Environment and Natural Resources.
James L. Buchal
Murphy & Buchal LLP
3425 SE Yamhill Street, Suite 100
Portland, OR 97214