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Sourdough Scott

Reinhart Case Lost. No Dredging In California Still!

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A sad day... 

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It is a shame, but I'm grateful for the time I spent dredging with my family and friends.

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So sorry to hear it was lost.  Hope it does make it to federal court and they see it different.  

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This case was never about whether or not suction dredging harmed the fish or the environment.  They chose "preemption" in essence arguing  the state was interfering with miners rights granted by federal mining law.  The historical case law dealing with the ban on "hydraulic" mining killed the preemption theory that a state cannot impose laws and regulations to protect the environment to the detriment of mining interests.  

The only appeal available is to the US Supreme Court.  It is highly unlikely the Supreme Court would grant cert. to even hear this case.

The only avenue I see is a new case that challenges the State's contention that suction dredging harms the fish or the environment.  Their evidence on that is flimsy, but someone would have to spend a great deal of money conducting studies to disprove the State's evidence. 

Dredgers don't have much of a lobby and the reactionary do-gooders will rally against them. 

Fundamentalist dredgers will continue and a few will get caught.  Dredging as a hobby or recreation probably won't return in my lifetime.  Sad to say.   

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Sad thing too is that the people pushing to ban it have never done it so they really really have no clue.  I think they should at least allow small dredges of say 4" or less if they want to prevent large scale dredging.  That would at least allow for "hobby" dredging and have minimal environmental impact if any.       

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The "golden" state. Sad indeed.Ive been a member of AMRA since the beginning. Most where optimistic this was going to go in our favor...I wasnt. We are dealing with ideology. All I have to say is, we all know right from wrong. Let your conscience guide you, but realize the risk.

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5 hours ago, deathray said:

The "golden" state. Sad indeed.Ive been a member of AMRA since the beginning. Most where optimistic this was going to go in our favor...I wasnt. We are dealing with ideology. All I have to say is, we all know right from wrong. Let your conscience guide you, but realize the risk.

AMRA is a great group and working hard still and despite this huge setback needs all of the prospecting community to remain focused and continue our support. 

The AMRA Christmas dinner fund raiser is fast approaching with a growing list of great prizes for the raffle, one of the gifts is a donation from my studio that is a really nice set of pearls. Check it out on the AMRA web site and sign up for their Christmas dinner party, sure to be a great time.

also PLP at the Placerville gold show talked about pending legislation having to do with world wide mineral production and national security issues, this was supposedly already introduced into some bill or other, we may possibly see some relief from this?

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