Dave Mack

“The California Supreme Court has consented to Review The Third Appellate’s Decision on Rinehart. Here is some background information and links to pertinent briefs regarding this case”

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We recently announced that the California Third Appellate Court refused the State’s request to reconsider their landmark Decision which confirmed the rights of prospectors to be free of unreasonable regulation when mining on the public lands. The Third Appellate also consented to our requests to publish their Decision so we could rely upon it in other ongoing and future litigation.

In my own opinion, the published Rinehart Decision is the most important legal development in support of mining in America during the modern age. It is the turning point which should be the foundation of future mining in America.

Since being denied by the Third Appellate for reconsideration, the State of California has submitted a Petition to the California Supreme Court to review the Rinehart Decision.
You guys can make your own evaluations, but I am seeing some deliberate misrepresentation in the State’s brief. They make it sound as though, once the outstanding issues are mitigated, we will be allowed to continue suction dredging — when the nature of the issues they have identified are such that they can never be resolved. Not to mention that the State’s moratorium on suction dredging is permanent!

Note:  We will file our answer shortly