Specifically, the Miners ask this Court for the customary remedy in such circumstances; an injunction that is in substance permanent until it might be modified by the Court when and if DF&W devises a lawful and functioning permitting program. The end result of the Courts Ruling and Order is that California Fish & Game Code 5653.1, and the 2012 Regulations promulgated thereunder by the Department of Fish & Wildlife (DF&W,) are declared unconstitutional, as being preempted by the Federal mining laws. California law currently prohibits the use of "vacuum or vacuum dredging equipment" in state waterways, but since strict rules previously defined a suction dredge as a "hose, motor, and locking box," miners simply remove the lock box a change that piles debris dredged with highly toxic mercury along waterways. This opens up a giant can of worms for the club or association. What remains now in the process is the public comment period where they tell the public what they plan to do and ask for comments. The new Director, appointed by Governor Brown stopped all progress on the permits. Come to court in support if you can. We will be at the GPAA Gold and Treasure show this weekend in Charlotte, NC. You may recall that California`s third appellate court ruled unanimously in favor of vacuum shovels in Rinehart. It would be nice to know when we turn around and look behind us that there are 100,000 small miners also willing to defend the girl. There are no seasons imposed upon the other types of surface mining activity. (In re Suction Dredge Mining Cases, No. In the coming days, we will have a public workshop to show the public just how this works and we will invite a Department of Fish and Wildlife officer to show that dredging for the purpose of reclamation is legal in the state of California and, we will not be ticketed. This has the effect of dramatically reducing the cost of the permit for the end user. For a complete description of the covered activities, eligibility requirements, and conditions, please see OAR 141-089-0820 through . Notwithstanding that authority, the use of any motorized vacuum or suction dredge equipment is prohibited in California, and CDFW is prohibited from issuing any related permits under the Fish and Game Code.
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