PLP MEDIA RELEASE on CEQA COURT CASE SETTLEMENT

MEDIA RELEASE

Public Lands for the People

FOR IMMEDIATE RELEASE

Monday, Nov. 23, 2015

The following is a media release issued by Public Lands for the People, a national non-profit organization based in California:

CEQA court case settlement to cost taxpayers $350,000

Public Lands for the People has recently learned that the state of California has offered to pay $350,000 to a coalition of environmental groups, including the Karuk Tribe and Center for Biological Diversity, to drop a lawsuit over the California Department of Fish & Wildlife’s 2012 suction dredge mining regulations.

The case centers around a flawed study under the California Environmental Quality Act, which requires state and local agencies to identify significant environmental impacts and to avoid or mitigate those impacts, if feasible. The court battle, known in mining circles as the CEQA case, involves two separate lawsuits:

The Karuk Tribe, Center for Biological Diversity, Environmental Law Foundation, Pacific Federation of Fisherman’s Associations and Friends of the River allege that the regulations adopted in March 2012 were not developed in accordance with the California Environmental Quality Act, fail to mitigate identified impacts and are inconsistent with existing state law. The case was filed April 3, 2012 in Alameda County Superior Court.

Meanwhile, Public Lands for the People also sued the state, alleging that the Subsequent Environmental Impact Report, which was based on reports from Horizon Water and Environment, a consulting firm based in Oakland, Calif., was improperly and unlawfully conducted and therefore rendered skewed, unscientific findings.

“The 2012 dredging regulations were based on bad science from a deeply flawed environmental report,” said PLP President Walt Wegner. “The SEIR results were used to prop up the case for far more restrictive suction dredge mining regulations because of pressure from these environmental groups.”

The SEIR study claims that suction dredge mining has several “potentially significant impacts” on the environment, even though all previous studies had concluded that dredging causes a “less than significant impact,” Wegner said.

“How does this drastic change in study results happen overnight? The study is bogus and heavily influenced by politics—not science,” said Wegner. “And, now after years of battling the CEQA case, these environmental groups have decided to take the money and run, leaving California taxpayers on the hook for $350,000.”

PLP Attorney James Buchal said it’s a shame that state taxpayers will be stuck with the tab, again.

“It is regrettable that once again the state of California has decided to shovel hundreds of thousands of dollars in fees to entities working to cripple the state’s natural resource economy. To make matters worse, the state agreed to pay that money and allow the tribe and its allies to dismiss their claims without prejudice, meaning they could bring them all over again for a second payoff,” Buchal said. “The Karuks are done; they’ve settled. The state and the tribe have agreed to it, and at this point I think it’s just a pro forma approval by the judge, and the money will be paid.”

PLP’s CEQA case is expected to proceed Jan. 20 in San Bernardino County Superior Court.

“With the tribe dismissing its claims,that leaves only the miners claiming that the environmental analysis of the 2012 regulations was defective. But, what gives this a sort of surreal and Kafkaesque quality is that back in January the judge ruled that the regulations are unconstitutional anyway,” Buchal said, referring to another dredging case heard by California Superior Court Judge Gilbert Ochoa.

Ochoa ruled in January 2015 that the federal Mining Law of 1872 pre-empts the state ban on dredging under the Supremacy Clause of the U.S. Constitution, which states that federal law supersedes state law. The ruling was deemed a win for miners, however the state continues to cite dredgers and has refused to issue dredging permits to miners.

Clark Pearson, northern director for PLP, said the CEQA case settlement wreaks of cronyism and corruption between the state and environmental groups.

“It doesn’t pass the smell test,” Pearson said. “This was a sweetheart lawsuit … so basically they were paid off to drop the case. Do you think the same offer will be made to miners? I highly doubt it. No offer has been made to us, and we are the prevailing party. We should be entitled to attorney fees.”

Suction dredge mining has been banned since 2009 in what began as a two-year moratorium imposed under Senate Bill 670, and extended under various legislation.

“That so-called moratorium has become a de facto ban, which is unconstitutional—and small-scale suction dredge miners are paying the price,” Wegner said. “The state has crippled the local economies of many mining towns in California, and is actually making the mercury problem worse. Contrary to the propaganda from some environmental groups that it may harm fish, dredging not only removes mercury and lead from California streams and rivers but it cleans hard-packed, silt-covered gravels that salmon and other fish need to spawn, and it also improves fish habitat by creating refugia.”

Sue-and-settle cases

Friendly lawsuits, or sue-and-settle cases, have been the subject of investigations in Washington, D.C. In fact, the Center for Biological Diversity is listed as fourth on the list of most frequent environmental group plaintiffs in sue-and-settle cases in a 54-page report, “Sue and Settle, Regulating Behind Closed Doors,” published by the U.S. Chamber of Commerce in 2013.

U.S. Chamber of Commerce “Sue and Settle, Regulating Behind Closed Doors” report: https://www.uschamber.com/sites/default/files/documents/files/SUEANDSETTLEREPORT-Final.pdf

The Karuk Tribe is based in the northwestern corner of the state in Humboldt and Siskiyou Counties and has opposed suction dredging mining along with environmental groups, such as the Center for Biological Diversity.

Public Lands for the People is a 501[C](3) nonprofit corporation whose mission statement is “to represent and assist outdoor user groups and individuals interested in keeping public and private lands open to prospecting, mining and outdoor recreation through public education, scientific data and legal means.”

NOTE: (Kafkaesque refers to Franz Kafka and his novels about arbitrary bureaucracy.)

For more information, contact:
PLP President Walt Wegner
Phone: (818) 887-5970
Website: www.PublicLandsForThePeople.org
Email: info@publiclandsforthepeople.org

Public Lands for the People
20929 Ventura Blvd., Ste. 47-466
Woodland Hills, CA 91364

Public Lands for the People is a 501(C)(3) Nonprofit Corporation: #95-4521318 & 1880483

MMAC FUNDRAISING UPDATE: PLP & MMAC MEET WITH HOWARD “BUCK” McKEON

PLP would like to bring you up to date on the Minerals and Mining Advisory Council (MMAC) meeting with General John F. Kelly, USMC Commander, U.S. Southern Command, and Howard “Buck” McKeon, former Chairman of the Armed Services Committee.
This meeting took place Friday, November 6^th, 2015 where the parties discussed MMAC’s new proposed legislation “Minerals and Mining Regulatory Reform Act a Clear Path Respecting Mining Rights”. PLP and MMAC are in negotiations with the McKeon Group LLC to have the firm deliver the MMAC Bill to the House and Senate Floor as soon as possible. Also present at this meeting was MMAC Counsel Bill Jensen, PLP Board Member Pat Keene, PLP President Walt Wegner, and MMAC Founder Joe Martori.
PLP’s primary responsibility in its association with MMAC is to administer the donations received on MMAC’s behalf. We are supporters of the MMAC mission to pass legislation to put miners on equal footing with other Federal agencies and have miners control their destiny within the organized mining districts. Even with our MMAC involvement, PLP’s primary energy will continue to focus on our ongoing court litigation and the interests of our members.

It is critical for our community at large to donate in order to move this process forward. By clicking on the link below you can:

Learn more about MMAC’s mission.
Review key documents of interest. 
Contact a MMAC counsel with questions you may have. 
Learn how you can donate to support this legislation. 
MMAC FUNDRAISING CAMPAIGN 
Thank you very much,
Walt Wegner
President, PLP

A few selected photos taken at the McKeon Leadership Forum November 6, 2015 at College of the Canyons in Valencia Ca. featuring General John F. Kelly, USMC Commander, U.S. Southern Command:

The PLP/MMAC team with Chairman Buck McKeon discussing the new proposed legislation “Minerals and Mining Regulatory Reform Act a Clear Path Respecting Mining Rights”.

The PLP/MMAC team with Chairman Buck McKeon discussing the new proposed legislation “Minerals and Mining Regulatory Reform Act a Clear Path Respecting Mining Rights”.

The PLP/MMAC Team at the McKeon Leadership Forum. (L-R) Walt Wegner, Pat Keene, Joe Martori, and Bill Jensen.

The PLP/MMAC Team at the McKeon Leadership Forum. (L-R) Walt Wegner, Pat Keene, Joe Martori, and Bill Jensen.

The PLP/MMAC Team with Morris Thomas, Regional Director of The McKeon Group LLC.

The PLP/MMAC Team with Morris Thomas, Regional Director of The McKeon Group LLC.

Members of the PLP/MMAC Team with Howard "Buck" McKeon (center) and General John F. Kelly.

Members of the PLP/MMAC Team with Howard “Buck” McKeon (center) and General John F. Kelly.

PLP COMMENT ON SB 637

The State of California has Intentionally Violated Federal Law

Public Lands for the People believes that the State of California has intentionally violated Federal Law once again with the passage of SB 637.

When in conflict, Federal Law will always trump State Law. SB637 will require the dredger to apply for a permit even though common suction dredging is exempt on the Federal level from requiring permits. Dredging falls under what is known as “Incidental Fallback” There is ample case law to back this up. You can read the reasons why in PLP’s Incidental Fallback position paper.

DAVE FJELD MEMORIAL FUND UPDATE: THE LIST OF DONORS

Dave Fjeld, who was very active in Mizzouri prospecting, passed away June 12th, 2015. His wife, Carolyn, set up a memorial fund in Dave’s name to raise funds for PLP. You can read the full text of the article detailing Dave’s memorial fund by clicking Over the Divide.

Most good things in our lives are about the people around us. This memorial is about Dave’s family and friends. PLP wishes to thank Carolyn Fjeld, the entire Fjeld family, and all the donors who are listed below:

 

William Mathein                                                          Barbara Meyer

Donna Daniels                                                            Harvey Walden

Carol Smith                                                                Jeffery & Rhonda Larma

Dave & Betty Gilliland                                                  Robert & Maureen Riordan

Carl & Mary Anna Wolf                                                Nina Thomas

John & Andrea Bargiel                                                 Doug & Emily Schrader

URGENT: MMAC FUNDRAISING CAMPAIGN to PUSH BILL THROUGH CONGRESS

Below is the Press Release from Mineral and Mining Advisory Council (MMAC) outlining their campaign to raise funds for the introduction and eventual passage of a Congressional Bill that will protect Public Land access and mining rights.

It is important that you take some time to understand MMAC’s Purpose and goals by visiting their website. There are links to important MMAC documents at the bottom of this press release that should be investigated as well. In addition, a contact number is provided for any additional questions you may have.

It is critical for our community at large to donate now in order to move this Bill into Congress.  -PLP Editor

               

MMAC                                                                 PLP LOGO_2

This is a fund raising effort for all Americans to recover and maintain their Public Land rights. The Mining Industry and related support businesses will benefit, along with individuals who support prospecting, logging, ranching, off-roading, hunting, fishing, hiking, mountain biking and camping. This Bill protects every American’s right to explore and enjoy the great outdoors.

DONATIONS ARE REQUIRED TO FUND AND INTRODUCE AN HR BILL, WRITTEN BY MMAC TO PROTECT OUR RIGHTS TO ACCESS PUBLIC LAND; WITH AN EMPHASIS ON MINING AS A MATTER OF NATIONAL SECURITY, PROTECTED UNDER THE NATIONAL DEFENSE AUTHORIZATION ACT.

THIS PROJECT NEEDS YOUR PLEDGE BY JANUARY 31st, 2016 FOR A SUCCESSFUL VOTE BY JUNE 2016

This Bill re-establishes Public Land access for all Americans. It re-establishes an Industrial Mineral & Mining Supply Chain for manufacturing in support of domestic & military requirements, something America has not seen since the turn of the 20th century.

This fund raising effort will be used to support the contract with The McKeon Group, LLC. The McKeon Group will make recommendations for improvements to the Bill, locate Congressional sponsors and prepare the Bill for Congressional submission & Committee by January 31st, 2016.

The McKeon Group, LLC, is operated by former Congressman Buck McKeon, who was the last Chairman of the Armed Services Committee. The McKeon Group will guide the Bill through introduction, sponsorship and marketing, in addition to creating a companion Bill for the Senate.

This Bill eliminates overlapping laws, rules, and regulations which restricts Public Land access and cripples the mining industry. In addition, this Bill will support all other industries and activities.

 IN SUMMARY:

All donations are tax deductible, and all donations will be used to retain the McKeon Group.
This Bill will open floodgates to create millions of new long-term high paying jobs.
This Bill rids the United States of overlapping laws, rules, and regulations so businesses can operate without fear.
This Bill will benefit all industries and will bolster the economy, especially rural America.
Key Presidential candidates are being asked to back this Bill.

PUBLIC LANDS FOR THE PEOPLE (PLP) IS A 501(c)(3) CORPORATION WITH A 25 YEAR HISTORY FIGHTING FOR PUBLIC LAND ACCESS AND MINING RIGHTS. PLP IS READY TO ACCEPT YOUR TAX DEDUCTIBLE DONATION TO SUPPORT THE INTRODUCTION OF THE MMAC HR BILL.

TO DONATE VIA CREDIT CARD (NON PAYPAL USERS)

Navigate to www.publiclandsforthepeople.org/join/.
Under Donate to PLP, insert your donation amount in the box.
Click the Donate button. Under Don’t have a PayPal Account, click Continue.
Fill out your information, then click Review Donation and Continue.
Click on Add Special Instructions to the Seller. In the box, type in MMAC HR Bill.
Click the Donate button at the bottom.

TO DONATE VIA CREDIT CARD (PAYPAL USERS)

Navigate to www.publiclandsforthepeople.org/join/.
Under Donate to PLP, insert your donation amount in the box.
Click the Donate button, then log into PayPal.
Click on Add Special Instructions to the Seller. In the box, type in MMAC HR Bill.
Click the Donate button at the bottom.

TO DONATE VIA CHECK

Make your check out to Public Lands for the People.
On the memo line, write MMAC HR Bill.

MAIL YOUR CHECK TO:

Public Lands for the People
20929 Ventura Blvd. Ste 47-466
Woodland Hills, CA  91364

IF YOU HAVE ANY QUESTIONS, please go to the MMAC website: www.mmacusa.org
OR CALL: 530-273-0420.

ADDITIONAL MMAC DOCUMENTS:

Declaration of Miners
Miners Making the Rules and Regulations
MMAC & PLP Update
Organize Your Mining District
Power of the Mining Districts


 

 

 

 

 

Minerals and Mining

Below is the Press Release from Mineral and Mining Advisory Council (MMAC) outlining their campaign to raise funds for the introduction and eventual passage of a Congressional Bill that will protect Public Land access and mining rights.

It is important that you take some time to understand MMAC’s Purpose and goals by visiting their website. There are links to important MMAC documents at the bottom of this press release that should be investigated as well. In addition, a contact number is provided for any additional questions you may have.

It is critical for our community at large to donate now in order to move this Bill into Congress.  -PLP Editor

               

MMAC                                                                 PLP LOGO_2

This is a fund raising effort for all Americans to recover and maintain their Public Land rights. The Mining Industry and related support businesses will benefit, along with individuals who support prospecting, logging, ranching, off-roading, hunting, fishing, hiking, mountain biking and camping. This Bill protects every American’s right to explore and enjoy the great outdoors.

DONATIONS ARE REQUIRED TO FUND AND INTRODUCE AN HR BILL, WRITTEN BY MMAC TO PROTECT OUR RIGHTS TO ACCESS PUBLIC LAND; WITH AN EMPHASIS ON MINING AS A MATTER OF NATIONAL SECURITY, PROTECTED UNDER THE NATIONAL DEFENSE AUTHORIZATION ACT.

THIS PROJECT NEEDS YOUR PLEDGE BY JANUARY 31st, 2016 FOR A SUCCESSFUL VOTE BY JUNE 2016

This Bill re-establishes Public Land access for all Americans. It re-establishes an Industrial Mineral & Mining Supply Chain for manufacturing in support of domestic & military requirements, something America has not seen since the turn of the 20th century.

This fund raising effort will be used to support the contract with The McKeon Group, LLC. The McKeon Group will make recommendations for improvements to the Bill, locate Congressional sponsors and prepare the Bill for Congressional submission & Committee by January 31st, 2016.

The McKeon Group, LLC, is operated by former Congressman Buck McKeon, who was the last Chairman of the Armed Services Committee. The McKeon Group will guide the Bill through introduction, sponsorship and marketing, in addition to creating a companion Bill for the Senate.

This Bill eliminates overlapping laws, rules, and regulations which restricts Public Land access and cripples the mining industry. In addition, this Bill will support all other industries and activities.

 IN SUMMARY:

• All donations are tax deductible, and all donations will be used to retain The McKeon Group.                                                         • This Bill will opens floodgates to create millions of new long-term high paying jobs.                                                                     • This Bill rids the United States of overlapping laws, rules, and regulations so businesses can operate without fear.                           • This Bill will benefit all industries and will bolster the economy, especially rural America.                                                               • Key presidential candidates are being asked to back this Bill.

 

PUBLIC LANDS FOR THE PEOPLE (PLP) IS A 501(c)(3) CORPORATION WITH A 25 YEAR HISTORY FIGHTING FOR PUBLIC LAND ACCESS AND MINING RIGHTS. PLP IS READY TO ACCEPT YOU TAX DEDUCTIBLE DONATION TO SUPPORT THE INTRODUCTION OF THE MMAC HR BILL.

TO DONATE VIA CREDIT CARD (NON PAYPAL USERS)

• Navigate to: http://www.publiclandsforthepeople.org/join/                                                                                                              • Under Donate to PLP, insert the donation amount in the box.                                                                                                       • Click the Donate button.                                                                                                                                                           • Under Don’t have a PayPal Account, click Continue.                                                                                                                   • Fill out your information, then click Review Donation and Continue.                                                                                         • Click on Add Special Instructions to the Seller.                                                                                                                            In the box, type in MMAC HR Bill.                                                                                                                                              Click the Donate button at the bottom.

TO DONATE VIA CREDIT CARD (PAYPAL USERS)

• Navigate to: http://www.publiclandsforthepeople.org/join/                                                                                                              • Under Donate to PLP, insert the donation amount in the box.                                                                                                       • Click the Donate button, then log into PayPal.                                                                                                                           • Click on Add Special Instructions to the Seller. In the box, type in MMAC HR Bill.                                                                     • Click the Donate button at the bottom.

TO DONATE VIA CHECK

• Make your check out to Public Lands for the People.                                                                                                                 • On the memo line, write MMAC HR Bill.                                                                                                                                     • Mail your check to:

Public Lands for the People                                                                                                                                             20929 Ventura Blvd. Ste 47-466                                                                                                                                 Woodland Hills, CA  91364         

IF YOU HAVE ANY QUESTIONS, Please go to the MMAC website: www.mmacusa.org

or CALL: XXX-XXX-XXX

ADDITIONAL MMAC DOCUMENTS

Miners Declaration of Independence                                                                                                                                        Miners Making the Rules and Regulations                                                                                                                               MMAC & PLP Update                                                                                                                                                                Organize Your Mining District                                                                                                                                                  Power of the Mining Districts