PLP Legal update September 2018
The board of directors wishes to sincerely thank Gold Prospectors Assoc. of America (GPAA)/ Lost Dutchman’s Mining Assoc. (LDMA), along with Keene Engineering for being some of the major financial contributors to the small mining communities’ lawsuits against the state of California that PLP filed on behalf of the miners in 2010. They say, “one cannot fight the government”, but we can. However, it takes a lot of time and money.
It has been over 8 long years since PLP filed suit against the State over the suction dredge ban. This filing would not have been possible without our major donors. The PLP and the mining community has spent a lot of time and money bringing these causes of action against the state. We knew we had a good chance of knocking out the 2012 Environmental Impact Report (EIR), and the state’s prohibitive regulations. We filed a Notice of Appeal on Judge Ochoa’s dismissal of our causes of action. Moving forward, the board had to evaluate our chances. The State has requested punishing our Plaintiffs for attorney costs and record cost to the tune of over three hundred thousand dollars (charging the miners: individuals who put their names and fortunes on the line). Unfortunately, our major contributors (some named above) have not continued to support the miner’s cases against the State for over 2 years. We have had no financial commitments from other “mining rights groups” who had spoken of unity with PLP to help bear the costs but never committed to meaningful action month after month. We do appreciate those clubs, families and individuals who have faithfully stayed the course. These funds are being used where we feel we are making the biggest impact (see below).
Faced with a rather tough decision to go forward with insufficient funds, the board has made the decision to settle the lawsuits against the State and not pursue an appeal. The lack of unity within the small mining community was a major factor in the boards decision. Our membership wishes (by your letters of support) us to pursue a federal solution to the plight of California miners and the miners in other States, which can be solved best federally. As an alternative to not going on appeal, we have considered and had given the opportunity for Pacific Legal Foundation (PLF) and the Western Mining Alliance to take the CEQA case forward, and they have declined. Now that we have hit you with a dose of sadness, here is where we are going from here and we are confident that we can solve the issues of the small-scale miner in California and throughout the United States. We recently aligned with a group of property and public land rights organizations regarding opening the Pebble Mine in Alaska (which would have the domino effect of opening other locked up public properties). Read the story here: https://www.icmj.com/resources/news-and-events/miners-news/plp-signs-on-to-support-revisiting-404-permit-denial-at-proposed-pebble-mine-390/
As many of you know PLP has been working publicly and behind the scenes within the Trump administration in Washington D.C. along with many members of Congress. We are helping to educate members under Trump and likeminded members of Congress and their staffers of problems facing small miners in the U.S. and giving these members workable legal and educational solutions to help our industry. Our contacts and communications are fantastic considering we are now working within strategy think tanks with some of the best minds in the U.S. regarding property rights. Much of the information that we have been allowed to release to our members and the public has been documented monthly in the ICMJ Mining Journal and have been released on an ongoing bases on Facebook. To put it clearly – we have direct access to top level administrators in the Forest Service, Dept. of Interior, USGS, MSHA, and EPA. The Trump picks are who we deal with period – the movers and the shakers. We work directly with them because they want to help make mining great again. We also work closely with many other property rights groups who share our core mission.
So, if you are having a problem locally and on federally managed public land, send us a letter and we will make sure it is delivered to high level people who care. If your problem can be verified as unjust treatment, then someone down the federal or even state food chain will be transferred or worse. There is a new Sherriff in town and his name is President Trump. Do not underestimate how much he cares about our industry and your opinions, PLP knows, and wishes to help you be heard by him and his allies within the administrations.
Also, as you have probably already heard, PLP’s “Small Miner Amendment” is picking up support within the Minerals subcommittee in Congress thanks to your calls and letters of support – so keep them coming. The National Mining Association (NMA) ran their minerals bill through the National Defense Authorization Act (NDAA) just as we planned, and we had shown the way. Making mining a matter of NATIONAL SECURITY for the first time in history under the NDAA! Now it is our turn in line to push in part or in whole PLP’s “Small Miner Amendments”, solving 30 years of documented abuse of small miners mining rights. So, come on aboard, the future is in fact bright with regulatory reform and nuggets in your pockets!
WE, WITH YOUR CONTINUED SUPPORT, WILL HELP PRESIDENT TRUMP MAKE MINING GREAT AGAIN AND DRAIN THE SWAMP!
Don’t forget: PLP’s 2019 Grand Raffle is underway! A list of raffle prizes is in the September www.icmj.com issue. Call 844.757.1990 to order your tickets today!
Taking it Back and Keeping it,
Your PLP Board of Directors