Dave Mack

“Now we are Appealing to California’s Forth Appellate Court to reverse the recent denial by the San Bernardino Court to Grant Suction Dredgers Relief from the Unconstitutional Actions of State Officials.”

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We have switched gears into appealing San Bernardino’s recent Ruling to deny any meaningful relief to suction dredgers even after the court has Ruled and Ordered that California’s suction dredge moratorium is unconstitutional — which State authorities continue to enforce (by seizing dredging equipment they find on the river).

As you may recall, our initial Motion for a Statewide Injunction to prohibit California from enforcing the unconstitutional moratorium and return us to the earlier set of regulations that were legal was recently denied by the Superior Court of San Bernardino. We believe that Ruling was flawed, and have filed an appeal with California’s Forth Appellate Court to get our motion approved.
There is a legal provision in California which requires appeals of denied injunctions to be expedited when ongoing circumstances are causing irreparable harm to people who are 70 years or older. A bunch of our 70+ year old members have come forward with Declarations in support of this appeal.

You can find the Appeal, along with supporting Declarations, at the bottom of this page.

Motion for Summary Reversal

Declaration of Rip Ripple

Declaration of Charles Montgomery

Declaration of William Christensen

Declaration of Ray Derrek

Declaration of George Kendall

Declaration of Judy Shirey

Declaration of Myrna Karns


State’s Counter Motion for Dismissal

State’s Oppositian to Motion for Summary Reversal


Opposition to Summary Reversal by the Center For Biological Diversity