Here is James Buchal’s answer to the State’s Petition for the California Supreme Court to review the recent Third Appellate Court’s landmark Decision which confirms our right to mine on the public lands free from the unreasonable dictates of State government.
Keep in mind that this is not actually the review. This is an argument why the California Supreme should not do a review.
I believe this is the State’s last hope of holding onto the power to impose unreasonable prohibitions and restrictions over the mining industry. They could Petition the U.S. Supreme Court, but that would likely be a waste of time.
I know this first step only concerns California. But the very same legal arguments will apply to other States where our industry is facing similar difficulties.
Keep your fingers crossed, you guys. A win here will reinforce our rights for many years to come! It would allow us to leave the industry positioned in better shape than what we herited, in my own case, more than 35 years ago: – Dave mack(New 49ers)