PLP WINS Federal Preemption in Dredging Lawsuits!

The Prez. Sez

On May 1, 2015 Judge Gilbert Ochoa signed an order based on his ruling in the miners favor on the issue of Federal preemption in the suction dredge mining cases in San Bernardino Superior Court. Unfortunately, he did not sign the order that PLP had submitted for him to sign which would have given the miners injunctive relief immediately. In PLP’s proposed order we wanted Judge Ochoa to enjoin the State from enforcing and implementing Fish and Game code 5653 & 5653.1 in their entirety until the adoption of regulations that do not materially interfere with our Federally granted mining rights!
What the Judge signed was basically what he ruled on in our favor back in January. No injunctive relief which is desperately needed after 6 years of this unlawful prohibition!
The New ‘49ers are filing for injunctive relief with the court with PLP signing on, and we will be submitting papers to the court by May 18, 2015. A hearing for an injunction will be held on June 23, 2015.

There are some who are already dredging based on Judge Ochoa’s ruling on Federal preemption, which was very strong in our favor! In his ruling the court found that there is NO triable issue of material fact on the issue of Federal preemption and that as a matter of LAW and in actual FACT, that the State’s “extraordinary scheme” of requiring permits then refusing to issue them is an “obstacle to the full purposes and objectives of Congress”!

The State of California at this time appears to be thumbing their nose at this court and confiscating equipment. They have arrested at least two dredgers that we know of. The DFW even has put on their website that dredging is still ILLEGAL! Unbelievable arrogance on behalf of the Government of California!
We will fight on! We are working hard to get the injunctive relief that is due to the miners in court on June 23, 2015.

We want to thank all who are supporting Public Lands For The People for keeping us in this David and Goliath battle. A special thank you to AMRA who donated 25% of their net proceeds from the GPAA raffle at the Las Vegas gold show to PLP. Thanks again to GPAA/LDMA for their continued support, ICMJ’s Mining Journal, Keene Engineering who donated a 151S drywasher, Mike Pung who donated a Gold Cube plus the new Banjo Pans, and Royal manufacturing who donated a recirculating sluice box to PLP at the Vegas show for our fundraising efforts.

FIGHTING for YOUR RIGHTS for 25 YEARS! Lets “Take it back and KEEP IT!”

Walt Wegner, President

Posted in Blog.

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