- Silver Miner
- Posts: 27
- Joined: Sun Jan 06, 2019 4:21 am
- Location: Cave Junction, OR
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In BOHMKER v OREGON the Miners challenged Oregon's Senate Bill 3 which permanently prohibits "all motorized in-stream placer mining" in all streams designated as Essential Salmon Habitat (ESH) by the Oregon Dept. of State Lands (DSL). In Oregon, roughly 80-90% of all gold bearing streams are designated ESH.
The Federal Magistrate and then two (of three) 9th Circuit Judges ruled that SB 3 was "reasonable regulation" and not a ban on mining as miners were still free to "pan for gold"... totally ignoring the controlling U.S. Supreme Court decision in CALIFORNIA COASTAL COMMISSION v GRANITE ROCK MINING CO. wherein the court ruled (5-4) that States could impose "reasonable" environmental regulations on mining through the use of "standards based" permits - and NOT through the use of Land Use Plans. In Granite Rock, California emphatically argued that California had no intent to prohibit mining...
The purpose of the Miner's Petition is not to re-argue our case but is instead to convince the Supreme Court that the 9th Circuit erred with a totally novel mis-interpretation of over 146 years of mining law decisions and must be overturned. If the 9th Circuits decision is allowed to stand, then the states (at least within the 9th Circuit) can, at any time and for any reason, mandate use of the Public Lands. For instance, the states could pass laws banning the use of chainsaws to cut wood as axes & bow saws can still be used... or you can use the roads, but not with a motorized vehicle; all in the name of "protecting the environment" based on a theoretical "potential for harm" without any proof or science showing an actual harm (sound familiar?).
You can READ THE MINER'S PETITION to SCOTUS (and all other court documents) at: www.waldominingdistrict.org
It has taken us five years to reach the point that we are allowed to petition the one court that has the authority to stop states and the 9th Circuit from prohibiting mining on lands of the United States open to mining. Now we wait to hear whether SCOTUS will accept our case . . . or deny a hearing (killing nearly all hope of 1,000's of citizen miners in OR & CA that they will ever mine again).
PLEASE SUPPORT OUR EFFORTS - WE EITHER WIN... OR WE ALL LOSE.