The mining community was denied injunctive relief today from Judge Ochoa in San Bernardino Superior Court, stating that in his opinion that the miners have not shown “Irreparable ” harm. He agrees that we have suffered harm, but not to the extent that injunctive relief is due. The lawyers for PLP, New 49ers and WMA argued forcefully that the financial losses are irreparable and by allowing the State of California to continue to violate our Constitutional rights and cite miners for what the Constitution guarantees us IS irreparable! The Judge wrote in his tentative ruling that because the Reinhart appellate decision has been de-published and is under review from the California Supreme Court, the Federal preemption issue he ruled upon is also up for review. Trial was set for January 20th, 2016 to conclude everything before him. PLP, New 49ers and WMA are in process right now of looking at our appeal on what is viewed as “Justice delayed is Justice denied!” Judge Ochoa did clarify however his ruling on the States exparte motion to ban the new 49ers and their counsel from filing a temporary restraining order against the State in Siskyou County. He only barred counsel and plaintiffs from filing a TRO. Look for individuals outside this litigation to act on this very soon.
As you are probably aware, the San Bernardino Superior Court Ruled
on 12 January 2015 that both the Legislature's Moratorium against
gold dredging, along with the Department of Fish & Wildlife's (DFW)
recent adoption of dredge regulations in 2012, are illegal and not
enforceable as a matter of law. Here is the court's Decision:
Since that time, DFW has been acting as if the Superior Court never
Ruled, and they have been informing the public that they intend to
continue enforcing the State's illegal Moratorium. This is quite
clear on DFW's web page which was updated as recently as the 2nd of
March. Check it out right here:
At the same time, based upon the San Bernardino Ruling, suction
dredgers statewide have been preparing for the upcoming mining season,
which has already begun on those waterways which have historically been
open to dredging year-round within all previous California regulations.
Suction dredging is already taking place along the Klamath River near
New 49'er policy concerning suction dredging is that we will follow the
San Bernardino Ruling and direct our legal resources to strenuously
defend any member or supporter who is harassed or prosecuted by State
authorities attempting to enforce regulations which have already been
deemed illegal by the California court system.
We fully intend to have a productive 2015 suction dredge season on the
Because we believe this is all coming to a head very quickly, today our
attorney served the following revised Proposed Order to the San Bernardino
Court and all parties within the ongoing litigation. Our revised Proposed
Order directs California to immediately begin issuing suction dredge permits
pursuant to the previous regulations which were adopted in 1994; and during
the meanwhile also Orders State authorities to not prosecute anyone who is
operating within those regulations. All exhibits, including the Proposed
Order, follow the document here:
Breaking news: This is all evolved into the first standoff today between two
DFW wardens and one of our longstanding members, Derek Eimer. The wardens told
Derek he was breaking the law by suction dredging in the Klamath River. When
Derek handed them the San Bernardino Decision, the wardens appeared not to
know anything about it! After reading the Order, they departed without making
an arrest or even issuing a citation.
Meanwhile more members are arriving in Happy Camp with their dredges by the day.
We will provide more information about the developing situation in our April
Please keep your fingers crossed for our side,
Dave Mack, President
The New 49'er Gold Prospecting Association