Mar 5

Written by:
3/5/2010 12:46 PM 

 By Jerry Hobbs | PLP President

 In a setback for suction dredging rights, Federal Judge Morrison England did not rule on the merits of the Public Lands for the People (PLP) vs. California Senate Bill 670 (SB 670) case on Feb. 26, even though PLP had the 1850 California Admissions to the Union which stated that the State could not interfere with the disposal of Federal lands. PLP felt that the State had relinquished its immunity rights on this particular issue.  This also moots the scheduled injunction on March 25. 

 

There is no reason for us spend the time to attempt to second-guess Judge England's motives for his decision, but I did feel that he already had his mind made up.

 

The alternative then, and now, was to file in State Court and file the case as a related case with the case on Hillman Karuk, and that injunction, to prevent the California Department of Fish and Game (DFG) from issuing a permit. This case was before Judge Frank Roesch. We already know how much Judge Roesch likes miners.

 

Now Judge England, in the Federal lawsuit against SB 670 and the State of California, says that we have our remedy in State Court and again we will have to file a related case to the Hillman case going before Judge Roesch. We thought we should be heard in a Federal Court.

 

We will take a few days and mull over the direction we must go and move in that direction. We will update you as to what is decided but we have no intention of giving up. I apologize for not being successful on this Federal Court issue but no one can second-guess any judge's reason for an unfair decision.

 

Thanks for you support and patience!