CALIFORNIA LAW ILLEGAL

Public Lands for the People Inc. Press Release

September 17, 2009

Contact: Jerry Hobbs, President,
Public Lands for the People Inc, 909-889-3039

CALIFORNIA LAW ILLEGAL

PLP’s Lawsuit Charges California With Violating Federal Law & Harming The Economy.

Sacramento, Ca. Sept. 14^th, 2009.– Public Lands for the People Inc.(PLP) filed a lawsuit against the State of California. The lawsuit charges that SB670 when signed into law illegally prevents motorized mining; including vacuum and suction dredge mining, in California. The law, which contains an urgency clause, went into effect immediately.

The PLP filed their complaint in Sacramento, Ca at the Eastern District of the federal court. The lawsuit follows several failed attempts to stop suction dredge mining including a federal lawsuit, 2 state lawsuits, and 3 legislative attempts prior to the passage of SB 670.

PLP’s position in the lawsuit is based on “Every US citizen or legal resident has the right to choose to actively engage in mining, which stems from the 1866 and 1872 mining law, a grant of the United States Congress (codified at 30 U.S.C. sections 21-54).” said Jerry Hobbs, president of PLP. “Any unnecessary or unreasonable restriction or prohibition in the acquisition of those minerals on legitimate mining claims would constitute a “taking”. As of August 6, 2009 section 5653.1 of the California Fish & Game Code, prohibits vacuum or suction dredge mining and this action by the State of California does constitute a “taking of real property” under that grant. Redaction of those rights cannot be perpetrated by the State of California, without an act of Congress.”

A request by the governor’s staff for a report on the claims made by the miners that the bill would cause economic harm was submitted with substantiation in excess of $65 million a year harm to the economy of California. Scott Harn of the International California Mining Journal (ICMJ) was a participant in this study, and according to Scott “…the results presented to the governor's staff were rock solid. The proven contribution of suction dredgers to the economy of California amounted to $65.47 million per year. When additional estimated economic contributions were included for items such as commercial retail rents, payroll taxes and property taxes, the economic harm to California was approaching $100 million.” Despite this evidence, Governor Schwarzenegger still signed SB 670.”

Sen. Patricia Wiggins (D-Santa Rosa) introduced SB 670 earlier this year and it overwhelmingly passed the Senate and Assembly. A few weeks prior to the ban, several co-plaintiffs won a preliminary injunction to block the DFG from issuing any further suction dredge permits. This injunction is still in effect, however the new law prohibits all suction dredge mining including those that have already been permitted by the DFG.

Hobbs states that “Mining claims are real property, the minerals are owned by the mining claimants and are property in the truest sense. SB 670 creates a taking of property that is protected under the 5^th amendment of the Constitution. The mining laws of 1866 and 1872 are grants and statutory rights to all citizens, or those who intend to become citizens, thus SB 670 creates a hollow promise to that grant. It would be refreshing to see the Ca. Legislators and the Governor uphold their sworn oath to uphold the Constitution as it is written; instead they ignore their oath and the rights of those who elected them to office. By doing this they further destroy the economy of the state of Ca., economies of the local community’s, and tourism that rely on the mining community for their survival. This type of disrespect from our elected legislators begs to question, who’s rights are next?”

Although the Ca. DFG did address the concerns of Coho Salmon in their 1994 EIR and implemented those concerns in the regulations at that time, the struggle to eliminate suction dredging gained new steam in 1997 when Coho Salmon were listed as threatened under the Endangered Species Act. The DFG did not perform a new EIR to produce new additional suction dredge regulations so, in 2005, the Karuk Tribe etal of California sued the DFG to implement the required EIR and regulations.

The DFG did not agree to complete the partial EIR for the Klamath River watershed in the Karuk’s ancestral territory but instead insisted that the EIR was required for the whole state. However, a PLP intervened and forced the DFG to undertake a formal rule making process pursuant to the California Environmental Quality Act. The DFG did not complete the rule making process ordered by the Alameda County Court by June 2008 and in early 2009 the Karuk Tribe requested an emergency closure of the Klamath River to suction dredge mining due to declining fish populations. The Klamath River Basin is in the upper 7.5% of CA., yet all of the state is subject to this illegal action.

In March 2009, a coalition of conservation groups and the Karuk Tribe filed a lawsuit to block the DFG from further issuing of suction dredge permits. Alameda County Superior Court Judge Frank Roesch issued a preliminary injunction in July 2009, ordering the DFG to stop issuing permits. After one federal lawsuit, 2 state lawsuits and 3 legislative attempts SB 670 was finally passed stopping suction dredge mining.

Governmental reports on the decline of the Salmon have never mentioned suction dredge mining as any factor at all. The US Fish and Wildlife identified several reasons for Salmon declines as over-fishing, logging, the Trinity River diversion, irrigation diversions, the 1964 flood, the 1976 - 77 drought, an unidentified tragedy in 2002 which killed a majority of the salmon population on the Klamath River. sea lion predation, brown trout predation, access for salmon beyond dams. Other studies also name main stem and tributary flows, forestry practices and road building/maintenance activities, and fish disease.

Suction dredging is done in a river or stream using a, lawn mower sized engine -powering a suction hose into a sluice box. The miner vacuums up the river gravel that runs through a sluice box to separate out gold flakes. The sediment is then returned to the river a few feet from the location where it was removed.

Suction dredging represents revitalization of the river gravels for the fresh deposit of fish eggs each year. Dredging removes lead, mercury, and trash from other activities that affect the health of fish and humans.

Jerry Hobbs can be reached at 909-889-3039 or emailed at jerhobbs2@verizon.net