- Answer to petition for Review by California Supreme Court
- Response to the Peoples request for depublication has been filed!
- State Requests Depublication of Rinehart Opinion!
- State of California has now asked the California Supreme Court to overturn the Court of Appeal ruling in favor of Rinehart
- The court of appeals has REJECTED the amicus brief filed by our opponents and their attempt to try and modify the courts opinion.
I’ve created this web site to use as an informational place for followers of my case, People V. Rinehart, to both help contribute to my defense and to act as an informational portal in regards to anything having to do with my case. Hopefully you will find this site will clarify what is happening on a day to day basis.
3rd District Appellant Court Docket link;
Supreme Court Docket link;
Here is an explanation from my attorney of what my case is about….
“This case upholds the important principle that federal mining laws place substantive limitations on state regulation of mining on federal land. In recent years, states including California have placed arbitrary and unreasonable restrictions upon such mining, frustrating federal policies in favor of mineral development. In this case, the State of California required Mr. Rinehart to obtain a suction dredging permit, but shut down the Department of Fish and Wildlife program issuing such permits.
The trial court rejected claims of federal supremacy entirely, and refused even to allow Mr. Rinehart to put on evidence explaining how denial of a permit in substance foreclosed any and all profitable mining of his claim. The California Court of Appeals reversed the trial court, but sent the case back down for further proceedings to allow both Mr. Rinehart and the State to present additional evidence.
The State has not yet determined whether to proceed to present such evidence, but has seeked further review in the Supreme Court of California. In either case, Mr. Rinehart will be required to continue to fight for his federal rights. Unless he continues to prevail, the State of California and other states will be empowered to restrict mining on federal land for any reason or no reason.” – James Buchal – Attorney
11-17-14 – The People(State) files for depublication of Appellant court record and files for review by the California supreme court.