Dredging in California lawsuit May 1st 2021

[russau]

I just got a email about PLP's lawsuit on dredging in California ! WE WON atleast for most of the state and it looks like it may be applied to other West Coast state's ! I bet the wacoenviromentalist's & California's "so called representative's are PZZIN in their boots right now and I expect President Biden will have to pay the piper and act like he's.............something ! THANKYOU PLP For staying the coarse !

 

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[spaghettigold]

what happened?

 

[russau]

Go to the PLP website to read the details.

 

[Clay Diggins]

Michael Osterbrink was not dredging - he was drywashing an intermittent stream bed in the Sierra while it was waterless. He was not charged with dredging. One of the charges against him was “polluting State waters with materials that are deleterious to fish” and the other was "substantial stream diversion without a permit".

He was not legally represented by PLP but a PLP member did testify at his trial in 2019. Not surprisingly the court dismissed the “polluting State waters" charge and found him guilty of the "substantial stream diversion without a permit" charge. He was fined $200 and sentenced to a year of probation. Total court costs were $1,090 to be paid by installment.

All of this took place back in December of 2019.

The only "win" I see here is that the Judge dithered over the use of the word "substantial" in the stream diversion charge and left it open to Mr. Osterbrink to appeal his $200 fine - which he did not.

Heavy Pans

 

[spaghettigold]

as expected

 

[russau]

Barry thank you for clarifying that .

 

[Clay Diggins]

You can learn the PLP secret method of fighting the dredge ban without paying their membership fee. Their secret is not new and it's not a secret at all. In fact readers here have been informed of this "secret" for the last 7 years.

http://www.treasurenet.com/forums/d...se-come-support-idaho-miners.html#post3802095

Unfortunately the PLP and the other recreational mining groups have been pursuing several uninformed legal theories for years and wasting huge amounts of money and support while consistently losing their cases in the courts and on appeal. If anything these recreational groups have created confusion and distress among small miners rather than helping them get back to mining.

There is considerable embarrassment now among professional miners about these clumsy efforts and their negative effects on the public perception of mining. Although professional mining companies could have been a big help in knocking down these ridiculous anti-dredging laws they have been ignored by the recreational mining groups. Many mining companies were eager to help in the beginning. After the many failed legal challenges by these recreational groups no professional miners want anything to do with them. The opportunity for their support has been lost.

Now the PLP would like to share their newfound secret "knowledge" with their members only.

Read the post linked above - it's free and it has always worked - no membership required.

Heavy Pans

 

[Treasure_Hunter]

Outdoorjoe, we have rules on political comments, they are only allowed in our politics forum, please post by our rules.

 

[outdoorjoe2]

While it's nice you want to blame government overreach on mining clubs you were totally ignoring the honest truth about this and as far as the moderator say that you we can't post about politics on anything that has to do with government overreach on suction dredging is ignoring the reality of the issue all suction dredging post should be located in the politics forum so people can post honestly about the real cause of this problem instead of trying to separate another user group is to blame for something our government is clearly doing.

Contrary to what you stayed the mining Club could not use stupid theories or uninformed decisions they used honest-to-god legal precedent setting established in this country to the courts currently have refused to use or acknowledge including the 9th Circuit Court of Appeals including the Idaho District federal court to just found Shannon Poole guilty including the California state supreme court has ignored every bit of information you post in that link above and refuses to set precedents bajor to affirm that precedence.... that is the truth

 

[Clay Diggins]

While it's nice you want to blame government overreach on mining clubs you were totally ignoring the honest truth about this and as far as the moderator say that you we can't post about politics on anything that has to do with government overreach on suction dredging is ignoring the reality of the issue all suction dredging post should be located in the politics forum so people can post honestly about the real cause of this problem instead of trying to separate another user group is to blame for something our government is clearly doing.

Contrary to what you stayed the mining Club could not use stupid theories or uninformed decisions they used honest-to-god legal precedent setting established in this country to the courts currently have refused to use or acknowledge including the 9th Circuit Court of Appeals including the Idaho District federal court to just found Shannon Poole guilty including the California state supreme court has ignored every bit of information you post in that link above and refuses to set precedents bajor to affirm that precedence.... that is the truth

Thanks for sharing your opinion outdoorjoe. Welcome back.

I don't see where I ever mentioned mining clubs much less blamed them for anything, perhaps you are confused? PLP is not a mining club - it's a non profit advocacy organization as is the group Shannon Poe represents (I can see where you might be confused about Shannon's non profit group).

For a small membership fee you can join in all the political discussion you wish on Tnet, whether it be dredging or some other subject you would like to state your political opinions on. Besides being able to join in political discussion membership helps support this free forum.

On topic:
Does anyone know where I can see the court transcripts from Shannon's recent trial? The press has little to offer in the way of a fact based presentation.

Heavy Pans

 

[Auendave]

Shannon pleaded guilty and is now waiting to see what the Judge rules as to his punishment

 

[russau]

" Recreational prospector's " is not covered under the 1872 mining laws !