http://golddredger.com/dcforum/DCForumID2/3809.html

Click here for Dredge Earth First's Official Website

GoldDredger.com Discussion Forum's

Subject: "ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS."     Previous Topic | Next Topic
Printer-friendly copy     Email this topic to a friend    
Conferences General Prospecting Topic #3809
Reading Topic #3809
wheasonjr
Member since 1-4-07
2 posts
10-25-07, 10:02 AM (MDT)
Click to EMail wheasonjr Click to send private message to wheasonjr Click to view user profileClick to add this user to your buddy list  
"ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS."
 
   ANOTHER WIN
September 14, 2007 Hearing on DFG’s motion for summary judgment was held in Eason’s
case against DFG. Judge Connelly not only denied DFG’s motion for
summary judgment but issued a final judgment in the action in favor of
Eason. He declared DFG’s Informational Statements of 2005 and 2006,
where they attempted to delete 14 CCR 228(b)(1), as underground regulations
and void. He ordered DFG to promulgate formal regulations and to
comply with the APA in so doing. He gave them 10 days from Entry of
Final Judgment to do so. Final Judgment has not been entered yet.

Complete information at http://www.equalaccess2justice.us>Equal Access to Justice, Inc. web site in the news articles section dated October 22, 2007.
The links at the bottom of the news article show important information, as well as an explanation of what we think
DFG had planned is in the last link.
We are gearing up for another case that we know is coming up, any donations would be appreciated and are needed GPAA/LDMA
has been our main support but they are also helping in other areas as well as ours and funds are short. Make ck payable to
Equal Access to Justice, this is tax deductable we are a 501 © (3) charitable organization.
Thank You
Walter H. Eason
GPAA/LDMA
http://www.equalaccess2justice.us>Equal Access to Justice, Inc.
39565 Terwilliger Road, #A
Anza, CA 92539


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top

 
Conferences | Topics | Previous Topic | Next Topic
wheasonjr
Member since 1-4-07
2 posts
10-25-07, 11:52 AM (MDT)
Click to EMail wheasonjr Click to send private message to wheasonjr Click to view user profileClick to add this user to your buddy list  
1. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #0
 
   LAST EDITED ON 10-25-07 AT 11:57 AM (MDT)
 
Just a little note from us here at Equal Access to Justice, without the help of GPAA/LDMA on the funding this case may have been impossible for us to handle.
This case that GPAA/LDMA backed us on was a case that was not as a defensive move but this was a case that was started and filed by us in a aggressive
move/response to where we thought California Department of Fish and Game was going or where they could go from the 2005 and 2006 underground
regulating/informational bulletins. Even "UNDERGROUND REGULATIONS" if not challenged with in a certain time frame (6 months if I remember right)
become NON UNDERGROUND LEGAL REGULATIONS. By code and it was upheld by the court the informational sheets in 2005 and 2006 were in the form and
acting as a regulation and were regulating activities, so they were regulations (under ground regulations that is).
Thanks GPAA and LDMA, Tom and family for the support you have always given us and the small scale mining community.
Walter H. Eason, Jr.
CEO
Equal Access to Justice, Inc.


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top
russau
Member since 7-9-03
3145 posts
10-25-07, 12:24 PM (MDT)
Click to EMail russau Click to send private message to russau Click to view user profileClick to add this user to your buddy list  
2. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #0
 
   congratulations Walt! i particularly like the time constraints implemented for compliance!

russau


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top
Plumas
Member since 5-24-02
1204 posts
10-25-07, 05:59 PM (MDT)
Click to EMail Plumas Click to send private message to Plumas Click to view user profileClick to add this user to your buddy list  
3. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #2
 
   There is a little more to this. I took a look at the EAJ web page and found this.

THE PROPOSED AMENDMENT TO 14 CCR 228

October 22, 2007 Though, we are not certain, we expect that DFG will propose what they
did before that is, to delete 14 CCR 228(b)(1), the provision that allows
one to acquire a special suction dredge permit.


EAJ’s OPINION AS TO AFFECT OF DFG’s PROPOSED AMENDMENT TO 14 CCR 228

October 22, 2207 Essentially, the affect of DFG’s proposed amendment to 14 CCR 228 is to
invalidate all un-patented mining claims in waters of the State. Once all
un-patented mining claims, in the State, are invalidated, no one will be
allowed to use a suction dredge except where it is permitted to do so and
then only for recreation. The State will only allow one to use a suction
dredge in a recreational area designated for that purpose. Not only will
they limit these areas to but a few places but they will limit the time for
any person to do so, continually, to one week.


CALL FOR PUBLIC COMMENTS

October 22, 2007 Last time DFG attempted to amend the suction dredge regulations, (May 1,
2007), they did so in secrecy. This time, to prevent DFG from secretly
regulating, we are informing the public that DFG is, again, attempting to
amend the suction dredge regulations.

You can send your comments to:

Office of Administrative Law
300 Capitol Mall, Ste. 1250
Sacramento, CA 95814-4339
Tele.: (916) 323-8915
Fax No.: (916) 323-8915
Attn: Linda Brown, Deputy Director or, to Whom it May Concern
Re: Public Comments Opposing Calif. Dept. of Fish & Game
Amendment to 14 CCR 228

Plumas

Ah ain't no flatlander!


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top
ca desertdigger
Member since 8-17-04
283 posts
10-25-07, 07:33 PM (MDT)
Click to EMail ca%20desertdigger Click to send private message to ca%20desertdigger Click to view user profileClick to add this user to your buddy list  
4. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #3
 
   Thanks Walt.


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top
49er Mikemoderator
Member since 10-19-04
220 posts
10-25-07, 10:20 PM (MDT)
Click to EMail 49er%20Mike Click to send private message to 49er%20Mike Click to view user profileClick to add this user to your buddy list  
5. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #4
 
   Walt-

I read the statement on EAJ's website, the Court's ruling and searched for this "new" amendment by DFG (which I couldn't find). What is the basis for the statement "October 22, 2207 Essentially, the affect of DFG’s proposed amendment to 14 CCR 228 is to
invalidate all un-patented mining claims in waters of the State" on EAJ's website?

Mike

Moderator
Golddredger Forums

49er Mike
Administrator
http://www.49ermike.com/

Moderator
New 49er Forums


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top
Hoser John
Member since 5-14-02
778 posts
10-26-07, 06:39 AM (MDT)
Click to EMail Hoser%20John Click to send private message to Hoser%20John Click to add this user to your buddy list  
6. "RE: ANOTHER WIN, CASE RESULTS ON CA SUCTION DREDGE REGS"
In response to message #5
 
   LAST EDITED ON 10-26-07 AT 06:40 AM (MDT)
 
A stupid state law cannot rule over federal mining laws. Feds rule over the whole country. Always has,always will,plain,simple and easy.John

Hoser John


  Alert | IP Printer-friendly page | Edit | Reply | Reply With Quote | Top

Conferences | Topics | Previous Topic | Next Topic