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Should SB 670 have been Urgent
Wednesday, 23 December 2009

SB 670 DFG SEIR
P.22
6.2 Baseline Conditions Under CEQA, the environmental setting or “baseline” serves as a gauge to assess changes to existing physical conditions that will occur as a result of a proposed project. CEQA Guidelines section 15125 provides that, for purposes of an EIR, the environmental setting is normally the existing physical conditions in and around the vicinity of the proposed project as those conditions exist at the time the Notice of Preparation is published. As underscored by appellate case law, however, the appropriate environmental baseline for a given project may be different in certain circumstances in order to provide meaningful review and disclosure of the environmental impacts that will actually occur with the proposed project. In the present case, the Department has determined that a conservative approach to identifying the environmental baseline is appropriate. As described above, instream suction dredge mining is currently prohibited in California pursuant to a recently enacted state law. (Fish & G. Code, 5653.1, added by Stats. 2009, ch. 62, § 1 (SB 670 (Wiggins).) The same law and a related court order also prohibit the Department from issuing new suction dredge permits. The Department has determined, as a result, that the appropriate environmental baseline for purposes of CEQA and the analysis set forth below is one that assumes no suction dredging in California. This Initial Study and the SEIR will, as a result, provide a “fresh look” at the impacts of suction dredge mining on the environment generally.

DFG SHOULD TAKE A “FRESH LOOK” AT THIS.
THEIR OWN WORDS

http://www.goldgold....Gdenial_ltr.pdf

 

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The Truth About SB 670 and Suction Dredging for Gold
Monday, 21 December 2009

Reality here is federal law is crystal clear. We should win this hands down.

 

For that matter, other than SB 670, California constitutional, and property law is also clear.
And, again makes our position a winner hands down.

 

The inherent difficulty in all this is.

 

Foremost, the coalition against us painted a picture to the public that is UTTERLY FALSE
And, did a very good job of broadcasting propaganda against us.

 

The coalition against us outright lied to the public & CA legislature time & time again.

 

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We can play the SB 670 game ourselves
Friday, 18 December 2009

The SB 670 CEQA process is governed by APA. Which mandates public notice, and comment periods before any new regulations are implemented. In effect DGF has to tell the public the why, what & where they are going to impose new suction dredge regulations. Assuming DFG will impose some new stream, river, or whole drainage closures. In that any new year around closure would “take” all beneficial use of any valid placer mining claim that was only amenable to being mined by suction dredging. Ultimately, those mining claim owners effected by such a complete “taking” of all economically viable use of their private property rights. They would be due “compensation” for the value taken from them. Certainly, to collect compensation, various administrative, and judicial hurdles must be jumped. But, it’s there for those who have the ability to do just that.

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Public Lands for the People reply to the State of Calif
Friday, 18 December 2009

SUMMARY OF ARGUMENT:

This action must be dismissed in whole or in part for a variety of reasons, including:

1). The Eleventh Amendment bars all of PLP’s claims against the State and DFG, bars all of PLP’s state law claims against all defendants, and bars all of PLP’s claims for damages (including those for taking of private property).

2). This Court lacks jurisdiction over all of PLP’s claims: PLP lacks standing to bring them because its claimed injuries are not redressable by this Court because, regardless of SB 670, the state court injunction in Hillman prohibits DFG from issuing any new suction dredge permits under its existing regulations.

3). Even without the Eleventh Amendment and jurisdictional bars, the Court must abstain pursuant to Younger v. Harris, 401 U.S. 37 (1971), due to the interference this action will cause to pending state proceedings in Hillman.

REPLY TO 1).

With regard to SB 670 statewide indefinite mining prohibitions, the state of California claims sovereign immunity under the 11th Amendment of the U.S. Constitution. The rule of state sovereign immunity is subject to an exception: where a suit seeks relief against a state agency for action contrary "to the supreme authority of the United States", it is not deemed a suit against the sovereign. Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908).

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What is a Mining Right?
Sunday, 13 December 2009

A mining right is a powerful, and not commonly understood concept that is all too often watered down by agency regulatory interference and exacerbated by the lack of knowledge from most of the mining community in the 21st century. This right to mine is an action also referred to as a “right of self-initiation”. I will repeat again, this right to mine is an action (prospecting and extraction), as distinguished from idle ownership. Very few people understand the difference between a right (granted by Congress under statute) as distinguished from a permit (granted by an agency through regulation). Ones right to choose to actively engage in mining stems from the 1866 and 1872 mining law grant from Congress (codified at 30 U.S.C. sections 22-54).

 

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SEND IN SB 670 ETHICS COMPLAINTS
Sunday, 06 December 2009

Dear Ethics Committee members,

 

Please consider this a formal ethics complaint against Senators Wiggins, and Wolk, Assembly Members Huffman, Evans and Jones. Mac Taylor, Legislative Analyst. As well as all members of those committees that effectuated SB 670.

 

The aforesaid persons are the primary authors, and proponents of SB 670. A recent law now in effect that prohibits the possession and use of any small scale gold mining suction dredge within one hundred (100) yards of any California waterway until various contingencies of SB 670 are completed.

 

 

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ICMJ Mining Journal SB 670 COMMENTS
Sunday, 06 December 2009

Mr. Stopher,

Thank you for the opportunity to provide comments on the initial scoping study for the suction dredge permitting program for California.

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CA DFG Response to PLP lawsuit is a MOTION TO DISMISS
Sunday, 06 December 2009

MOTION TO DISMISS - CA DFG's Motion to dismiss or change PLP lawsuit

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CA DFG's MOTION TO DISMISS - CA DFG arguing irrelevantcy of PLP lawsuit

REQUEST FOR JUDICIAL NOTICE - CA DFG's requesting court to recognize claim of irrelevantcy

MOTION TO DISMISS 3pgs.pdf

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF CA DFG's MOTION TO DISMISS 48 pgs.pdf

REQUEST FOR JUDICIAL NOTICE 1-33 pgs.pdf

REQUEST FOR JUDICIAL NOTICE 34-69 pgs.pdf


 
Constructive Notice and Comment to CDFG
Sunday, 22 November 2009

 

Constructive Notice and Comment
(On California Department of Fish and Game (DFG) Notice of Preparation (NOP) for Suction Dredge Mining and Rule Making Process)

Public Lands for the People Inc. (PLP) and I appreciate the opportunity to participate in the rule making process for suction dredge mining in the state of California.

The purpose of our comments is to inform the DFG that in the process of doing their Environmental Impact Study (EIR) to promulgate Suction Dredge Regulations for the State of California, DFG should seriously consider retaining an expert on Mining laws.

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Its not about the salmon
Sunday, 22 November 2009

 

A comment post from Redding.com from someone with the opinion that SB670 is not about the salmon.

Let’s make sure we understand right from the start that this fight with the Karuk tribe is not about the salmon but about control over the river. The Fish and Game and the dept of Forestry have already agreed that dredging does not cause problems with the salmon runs in fact it helps. There is a specific season for dredging and dredging can only be done during this period of time. The salmon do not run during the dredging season and therefore creates no threat for the salmon. In fact dredging helps the salmon because it loosens up the hard packed sand and gravel and provides a better spawn. Remember, one good rain storm causes more damage in a river than year’s worth of dredging and the salmon and trout seem to do just fine.

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The Enumeration in the constitution of certain rights shall not be construed to deny or disparage
Thursday, 19 November 2009

 

Found this forum post and liked it so much I posted it here. Click on the title to read the entire post.

"We who dredge our rivers need the help of all those who want to protect the right of mining
here in California

“The Enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.” : this is the 9th Amendment of the United States Constitution.

This means that the rights identified as written are not the only rights we as a people have."


 
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