Federal Mining Rights Going to the U.S. Supreme Court!

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Dave Mack
General Manager New 49'ers
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Federal Mining Rights Going to the U.S. Supreme Court!

Post by Dave Mack » Mon Feb 11, 2019 12:06 am

Many of you will recall that we made the final cut in the previous session of the High Court in Rinehart v. California just this past year. The Rinehart case was challenging California’s authority to prohibit mining on the federal lands. Ultimately Rinehart was rejected by the U.S. Supreme Court largely because of the Solicitor General, who has the authority to provide “yes” or “no” advice to the High Court as to which of the final cases should be reviewed. The Solicitor General advised the Court to reject Rinehart largely on the grounds that this Bohmker case would soon be along, and it frames the very same arguments in a more straightforward manner than Rinehart. (Bohmker v. Oregon, 903 F.3d 1029 (9th Cir. 2018).

While Oregon gold miners shouldered the cost of the litigation all the way through the 9th Circuit Court of Appeals, it has been an industry-wide effort to get the Petition to the U.S. Supreme Court drafted, finalized and submitted. We believe that the existing High Court will support mining rights on the federal lands. The challenge is to get the U.S. Supreme Court to review Bohmker. After 9+ years of painful and expensive litigation, this is the industry’s final ongoing attempt through litigation to win our mining rights back. The final Decision should affect mining rights across the west.

We have put together an Action Alert link that includes a sample letter which can be cut and pasted into a letter of your own – or you can just add in the correct date at the top, your name and address at the bottom, an original signature; and mail the letter to Mr. Trump. It would be very helpful if you copy your final letter and send it to each of the officials listed at the bottom of the letter, especially the Solicitor General.

The Action Alert can be found inside our February Newsletter along with other important news right here:


This is, more or less, the end of the line for the foreseeable future, you guys. It is also the best opportunity we have ever had to finally win our rights back once and for all! A positive outcome with the U.S. Supreme Court will turn the entire playing field upside down and hopefully get anti-mining State officials out of the way of our efforts to help make America great by providing the basic building blocks which are the foundation of a strong economy and individual freedom. Thank you in advance for all of you who will join with us in this effort!

Dave McCracken

The New 49'er Legal Fund
General Manager
New 49'ers
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