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Brandon Rhineharts response to the state


Oakview2

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This is a very solid, well written reply brief. It addresses all issues raised in the respondent's brief and, most importantly, exposes several ipse dixits and over-broad, unsupported generalizations. Generally an appellate court announces a hearing date for oral argument after it has had an opportunity to analyze all the written arguments -- usually within 6 to 12 weeks after the reply brief is filed. My guess is that oral arguments most likely will be scheduled for sometime in March or April. A final opinion generally is announced within one or two months after that -- so maybe we will have a decision in the April to June time of the year. If a published opinion is issued, and if the opinion reverses the judgment of the Superior Court on the ground of federal preemption, the legal effect very well could be that until the State of California gets its act together in regard to modifying the current draconian prohibitions and regulations, there may be no sanction available with which to criminally prosecute dredgers who dredge on their claims. Way too soon to speculate beyond this possibility. But folks, the flickering light at the end of a very dark tunnel seems to be brightening a bit.

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If the judge hasn't been "influenced" by the anti-mining concerns to their point of view, then a

decision in Brandon's favor will be rendered and justice will have been served. Hope there are

still judges that haven't been bought and paid for out there....we'll see. :old:

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I am not an attorney but have read and reread the briefs and this appears to be as iron clad a case as could possibly be. If we cannot get a favorable ruling, then we will not have the fiances to get this to a federal court, and most if not all of the west will be lost to all types of small mining. JMHO

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The promilgated rules--instituted because CDFG could no longer produce a EIR-admitted-are the REAL problem. Over 95% closed 95% of the time. Costs on miner=$1.5 million(anal cost for program and yes I can spell) divided by only 1,500 permits=$10,000 + $1,320 to water quality permits for 2 weeks of dredging with a 4" in a coastal range in a creek with no gold with 4 agencies watching you as time,place(100') and equipment utilized mandatory. Like shooting apples in a barrel with dynamite. A fool and his money are soon parted. John

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A federal premption ruling, will stop the state from charging a fee that provides a hardship for mining claims in the most economical manner. In my humble opinion it will revert the dredge regs to 2004, as the 2012 provide a formitable roadblock for morst gold bearing streams. Proposed harm is not a legal defense, even in California...JMHO, not a lawyer, but refuse to bend over for suits or CDFG

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  • 3 weeks later...

Don't leave out jurisdiction oakview, the state has none over federal laws, per WMA's recent article..

OBVIOUSLY no one here reeeeeally gives a squat and thats why we dont have the whole mining/prospecting communitys support...........and for that we will lose if not lack of money to help support the cases that are coming up, done here.

For those of us who have mining claims, a vested interest and its not just a HOBBIE, our concern is greater then other miners, once this whole thing turns into a loss and the guys who have claims lose more rights, then maybe things might change...

Edited by vini
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