Please help to restore our Mining rights back
News from Dave McCracken, The New 49ers 2/10/19
Many of you will recall that we made the final cut in the
previous session of the High Court in Rinehart v. California
just this past year. The Rinehart case was challenging
California’s authority to prohibit mining on the federal lands.
Ultimately Rinehart was rejected by the U.S. Supreme Court
largely because of the Solicitor General, who has the authority
to provide “yes” or “no” advice to the High Court as to which of
the final cases should be reviewed. The Solicitor General
advised the Court to reject Rinehart largely on the grounds that
this Bohmker case would soon be along, and it frames the very
same arguments in a more straightforward manner than Rinehart. (Bohmker
v. Oregon, 903 F.3d 1029 (9th Cir. 2018).
While Oregon gold miners shouldered the cost of the litigation
all the way through the 9th Circuit Court of Appeals, it has
been an industry-wide effort to get the Petition to the U.S.
Supreme Court drafted, finalized and submitted. We believe that
the existing High Court will support mining rights on the
federal lands. The challenge is to get the U.S. Supreme Court to
review Bohmker. After 9+ years of painful and expensive
litigation, this is the industry’s final ongoing attempt through
litigation to win our mining rights back. The final Decision
should affect mining rights across the west.
We have put together an Action Alert link that includes a sample
letter which can be cut and pasted into a letter of your own –
or you can just add in the correct date at the top, your name
and address at the bottom, an original signature; and mail the
letter to Mr. Trump. It would be very helpful if you copy your
final letter and send it to each of the officials listed at the
bottom of the letter, especially the Solicitor General.
The Action Alert can be found inside our February Newsletter
along with other important news right here:
This is, more or less, the end of the line for the foreseeable
future, you guys. It is also the best opportunity we have ever
had to finally win our rights back once and for all! A positive
outcome with the U.S. Supreme Court will turn the entire playing
field upside down and hopefully get anti-mining State officials
out of the way of our efforts to help make America great by
providing the basic building blocks which are the foundation of
a strong economy and individual freedom. Thank you in advance
for all of you who will join with us in this effort!
The New 49'er Legal Fund
The New 49er's, 27 Davis Road, Happy Camp, California 96039, USA
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