Jump to content
Nugget Shooter Forums

Judge Laments Courts Illegal Actions

Recommended Posts

A Judge Laments Illegal Court Actions

icon_post_target.gifby Hoser John on Sat Jun 02, 2012 9:22 pm

June 1, 2012, 6:23 PM.In Blistering Dissent, Judge Mines Deep for Verbal Nuggets.Article Comments (7) Law Blog HOME PAGE ».smaller Larger .

smaller Larger facebooktwittergoogle pluslinked ininShare.0EmailPrintBy Justin Scheck

“Here we go again,” Ninth Circuit Judge Milan Smith wrote at the beginning of a Friday dissent in a mining case in which he joined prospectors, regulators, environmentalists and a remote Indian tribe exasperated by fighting over the use of suction equipment to mine the dregs of California’s gold rush.

The issue, which the Journal wrote about in this story, is a long-running tension between recreational miners who like to suck up river sediment looking for gold and the government agencies that regulate them.Some federal and state agencies have paved the way for a California moratorium on the practice to be lifted; others are trying to keep the practice banned.

On Friday, an en banc majority opinion said the U.S. Forest Service improperly approved recreational gold mining in some California rivers because it didn’t consult with other agencies about endangered fish.

Judge Smith, and three judges who joined his dissent, were unimpressed.

He opened with an excerpt from Gulliver’s Travels accompanied by an illustration of Gulliver bound by Lilliputians. He quoted too from Dante (“Abandon all hope, ye who enter here”) and from the Journal’s April story, and wrote that the majority decision is the latest in a series of Ninth Circuit environmental cases that “ undermine the rule of law, and make poor Gulliver’s situation seem fortunate when compared to the plight of those entangled in the ligatures of new rules created out of thin air by such decisions.”

Perhaps most striking was the indictment of the Ninth Circuit in Mr. Smith’s closing.

“No legislature or regulatory agency would enact sweeping rules that create such economic chaos, shutter entire industries, and cause thousands of people to lose their jobs. That is because the legislative and executive branches are directly accountable to the people through elections, and its members know they would be removed swiftly from office were they to enact such rules,” he wrote.

“Unfortunately,” he added, “I believe the record is clear that our court has strayed with lamentable frequency from its constitutionally limited role.”



rank1.jpgPosts: 2391 pm Location: Redding,California


Link to comment
Share on other sites

Thanx much Bill-it is/has/always will be now extremely hard to control my rage over this insanity and loss of my way of life,heritage,income and my ggchildrens legacy. I really do try to be cival and less foul but..........................John

Link to comment
Share on other sites

  • 2 weeks later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.
  • Create New...