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clay

California Dredgers Win!

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Judge Ochoa ruled that Federal Mining Law preempts California Dredge Ban!

It's a win!

Here's the win:

Ruling
On its motions for summary adjudication the Court finds 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 and then refusing
to issue them whether and or being unable to issue permits for years stands as an
obstacle to the accomplishment of the full purposes and objectives of Congress under
Granite Rock and a de facto ban.


Here is the loss for the State:

CDW MSA aqainst Kimble PLP and New 49 ers
The CDW motions for summary adjudication as to Kimble PLP and New 49 ers is
denied for reasons discussed above


Here's the part where you get to write the ticket.

Prevailing parties to prepare notice and order


Get in the water!

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Is this the stamp of approval ? Or a knike in the back after the excitement and celebration .

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Is this the stamp of approval ? Or a knike in the back after the excitement and celebration .

It's a touchdown and extra point for our team in the litigation, I'd say.

NOt to mention the penalties "to prepare notice and order" for the other side.

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yeah baby.....

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Yahoo!!! :ya::oregonian_winesmiley::party-smiley-027[1]:

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Flippin' fantastic!

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So whats the deal? Do you still have to pay, and get a permit. Not that I'm going to dredge, But I have friends that have dredges. Grubstake

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Well it about time a honest Judge did what is right, much respect to Judge Ochoa, HOORAY!!!! :yesss::thumbsupanim:4chsmu1:

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So whats the deal? Do you still have to pay, and get a permit. Not that I'm going to dredge, But I have friends that have dredges. Grubstake

That all still has to worked out, but it looks like it maybe possible to going dredging in California this summer!!! :4chsmu1:

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Well I don't dredge in California anymore but WOW. A BIIIIGGGGG thank you to all who battled this nonsense for us miners.

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This certainly is God, but I don't think permits will be issued anytime soon. That being said, I doubt if anyone can possibly get arrested or even harassed for dredging right now.....yup, time to get it together again

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Great news! Now I need to dust off the old equipment and gear up to get some river gold. darn I can't wait to get in the water!

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Observe the 1994 regs/seasons as instructed by ICMJ. If you just run out and start dredging in spawning season you WILL HAVE PROVED THE ENVIROS RIGHT, that we do NOT care a tinkers darn about the enviroment and they were RIGHT. There are HUGE issues being taken care of and gag order keeps it all silent DO NOT SCREW IT ALL UP. Fine if your in a old school open area at this time,we have many 100s then do what ya want but ANY games will kill the ungodly hard work going on right now behind the scenes. Legal briefs/filings are flying like leaves in the fall wind so procede with caution as what YOU do reflects on us all and we could lose it ALL through stupidity-John

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HJ; Please re-post in GREAT BIG RED LETTERS with lots of exclamation marks. I'll bet $1.00 the state pulls a dirty trick before the coming dredge season.

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VERY WELL STATED John! All of us Miners, Dredgers and all Prospectors need to look at

this win with a "We won this Battle, but the war still rages on" sort of attitude. We need to be

patient and not do something stupid that will give the anti-miners any ammunition to use

against us.......and you know that to be A true statement 'cus they have in the past! Let us

all be patient for a while longer as the details of our win are worked out...it ain't gonna be

easy, but it has to happen that way. :old:

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BINGO the Center for Bio-Diversity just issued a huge manifesto that states the dredgers will now immediately run out and rip/shred/and tear up the fish during their spawning season. They all have cell phones and they all can take pictures so that EVIDENCE will prove ,along with their insane rant,that we are what they purport. It took 5 years of HARD WORK ,from 1985-1990, to get the Litle Hoover Commission to investigate the CDFG illegal practices. Then after a years work they issued their report in January 1990 that forced CDFG to adhere to CEQA. THEN 2 more years to have a CDFG meeting in Sacramento with Dwayne Johnston which drew 5 miners and 2 Home Rule folks. We got a Dredge Committe out of this meeting a year later and in early 1993 we started the arduous task of formulating dredge regulations that were workable. Then through obstructionism and fillabuster the FOR PROFIT CLUBS AND MINERS RIGHTS GROUPS DEMANDED IT ALL...OR NOTHING. Which of coarse lost us 160++ miles of open rivers/ paying dredging projects from the dept AND the monitored operations to prove our 97%++ mercury/heavy metals/trash removal. Then with no committee to voice our concerns the rest is history as step by step down the slippery slope our rights went into the toilet. Well you've had the profiteers ALL OR NOTHING for 7 years...how about the rest of our lives and our childrens childens rights??? Your actions reflect upon us all and I'd truly hate to be the dredgers who grace the CBDs website as proof of us being animals who just rob/rape and pillage and the enviroment be censored-. John

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Here is a chance for us to act smart and not ruin years of committed hard work

by people acting on our behalf.

This ruling is a big deal for many of us who love dredging.

Lets not blow it.

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I would bet that at some point the enviros will send out their own phony dredgers and photograph them as they deliberately raise hell with the environment.

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They will not have to. Unfortunately, there are enough greedy miners in our midst who will bring shame on the rest of us. The monstrous holes, undercut trees and various other damage I see, is not caused by environmentalists.

Too many people think rules are for other people, not me! Sorry, but there are people ready to pounce if they think they can get away with it.

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