May 22, 2015
Suction Dredgers Petition for Injunction to Prevent the State’s Unlawful Actions
“Motion to the Superior Court of San Bernardino to Prevent California from Enforcing its Unconstitutional Moratorium upon Suction Dredging and Return to the 2009 Regulations until they can be Updated in a Way That Does Not Break the Law.”
Update as of 19 May:
Judge Ochoa of the Superior Court of San Bernardino has now issued an Order which confirmed his earlier Ruling that California created an unconstitutional “scheme” of first enacting Section 5653 of the DFW Code which requires suction gold dredgers to obtain a permit from the State, and then enacting Section 5653.1 which prevented DFW from issuing any suction dredge permits. His Order and Ruling declared that both the State’s recently-adopted 2012 dredge regulations and the moratorium preventing the issuance of permits are unconstitutional, illegal and unenforceable.
This was a huge win for our industry!
This Ruling has prompted some people, particularly along the Klamath River in northern California, but also in other places, to resume gold dredging operations. But the Department of Fish & Wildlife (DFW) has continued to enforce the unconstitutional moratorium. DFW wardens initially were out on the river generally harassing dredgers about breaking the law. They have written some criminal citations. They even seized some equipment. That prompted The New 49’ers a few weeks ago to file for an immediate injunction in Siskiyou County Superior Court to force DFW to stop enforcing a moratorium that has already been found unconstitutional by the California court system. Had we got our day in court, this seemed like it would have been a slam-dunk for our side!
But the State’s attorneys scheduled an immediate hearing in front of the San Bernardino Court, requesting that our motion for an injunction be stopped in Siskiyou County because the California Judicial Council has decided that all suction dredging cases be consolidated and resolved in front of Judge Ochoa. Judge Ochoa agreed, and a hearing date for our motion for relief from DFW’s unlawful actions has been set for 23 June in San Bernardino.
Meanwhile, in an effort to get the matter resolved more quickly, several suction dredgers on the Klamath River refused to sign the promise to appear portion of the criminal citations they were being issued (unlawful dredging), opting instead to be arrested. Ultimately, one of those very courageous guys ended up in jail with The New 49’ers Legal Fund hiring James Buchal to represent him. That hearing in front of a Siskiyou County judge was to take place within 48 hours. Mr. Buchal was motioning the Court to dismiss all charges, order a return of all seized equipment, and order DFW to not bring any further dredging cases in Siskiyou County. Had we got our day in court, this also seemed like it would have been a slam-dunk for our side!
What we had not planned on was that the Siskiyou County jail is completely full of people serving time for felony convictions. Our local sheriff Lopey was objecting strenuously that in order to incarcerate a suction dredger for a rather minor misdemeanor charge, he was going to have to release a hardened criminal back onto the streets. This all caused quite a stir at the jailhouse in Yreka while all the key players were trying to figure out what to do. Ultimately, according to my limited understanding, the District Attorney decided to defer the charges (or something like that) and let the dredger out of jail with no agreement that he appear in court at some later time. Once the dredger was released, the required 48-hour hearing in front of a judge was lost. So it was kind of like being arrested and let go. What can I say; it’s California!
Therefore, as it is now, it does not look like there are any civil or expedited criminal remedies available to us in Siskiyou County to get this rogue agency off our backs.
Yes; I know there are some very important due process issues in play here. We have considered all possible options, and have decided that our best course of action is to wait it out a little longer and place our hope for a 2015 dredging season with Judge Ochoa – who knows more about our plight than any other judge in the country.
Several dredgers have signed a promise to appear (for unlawful dredging) in Siskiyou County on 9 June. I’ll be surprised if the State moves ahead with that, but we shall see.
We filed our opening salvo in San Bernardino yesterday (May 18th). The relief we are asking for is to return to the 2009 suction dredge regulations which were in affect at the time that the unconstitutional moratorium was imposed upon our industry – and stick with those until they can be updated in a way that does not break the law.
I am following with the key moving documents, the proposed Order, supporting Declarations, including several which provide an abundance of science to support our position. The links begin with a letter to the judge explaining that his decision to prevent civil relief in Siskiyou County has prevented suction dredgers from access to any timely due process to prevent the continuing unlawful conduct of DFW. You can see that we are really making our strongest effort to regain hassle-free suction dredging in California this year.
May 22, 2015
THE REPUBLICAN CORNER
By Richard Marshall
Published in Siskiyou Daily News
May 21, 2015
Nationally we are now entering the beginning of the election cycle for 2016. While we are still quite a ways out, some patterns are beginning to emerge, such as the Republican Party presidential field is substantial and quite varied. The Republicans have again fielded an overly large number of potential candidates. Within their ranks are a number of candidates with the possibility of winning the election and offering a “real choice” for Americans.
The Democrats are apparently suffering under a regime of machine politics offering them no choices with the Clinton cash machine and union politics undermining an opportunity to field candidates who can achieve meaningful change. It’s a mystery to me how well-meaning Democrats can stomach a Hillary run at the White House as she is loaded down with innumerable scandals.
It is also amazing how someone who claims to have been “flat broke” when they left the White House can amass such a fortune protected in the form of a charitable foundation. Destroying her “private” server with undoubtable sensitive information is an affront to the tax paying voting public no matter their political leaning. This election year will be challenging to the intelligent voter who is trying to do the right thing by picking a candidate who can dig America out of the abyss which Obama’s Administration has created.
A self- fulfilling prophecy of “America is not exceptional”. When Obama became President we didn’t have an America filled with racial divide, class divide and law and order haters. This has been the legacy of an Obama who appears to not like America.
Locally we have much ahead of us to deal with such as protecting our rural ranching and farming communities and way of life. Siskiyou County, as many of you know, is facing an aggressive overregulating bureaucracy who seems to have a special desire to destroy the rural communities. Perhaps part of this can be ascribed to “bullying” techniques on the part of the agency hierarchy. The rural areas don’t have the funds to fight back effectively against a bloated collection of federal and state agencies with a “mission” to protect “endanged wildlife” at any cost against the public. Only now are some of our elected officials and courts beginning to question the role of the EPA in listing species which are then used to take control of the publics’ assets.
One of the biggest issues we are facing as a community is the government threat to take down four dams on the Klamath River under the guise that this will somehow improve the Salmon population. A simple test of this theory would be to establish truck and haul to see if in fact the Salmon would survive in the warm upper Klamath areas.
However the NGOS and their henchmen are not interested in conducting such a test because it would show that the Salmon won’t survive in the upper waters. The real goal has nothing to do with fish and everything to do with money and power over water supply. One Federal official who is a senior advisor in the DOI has become so attached to destroying the dams that he has lost his ability to represent the public i.e. to be impartial in the matter and has now threatened our Board of Supervisors that they must conform to his ideas.
This individual should be removed from his position by the Secretary of the Interior. Every citizen of Siskiyou County should be concerned about such a threat being leveled at their elected officials. The government, through this individual has embarked on a mission to alienate various groups within our community in the Klamath Basin region to separate them from their elected officials and their local government.
I would hope that every citizen especially those installed as officers in community groups would react to the challenge put forward against their local government by this agencies’ action of divide and conquer. Support for our local governing officials is critical to survival of our community.
Republican Central Committee Chairman
May 22, 2015
By Liz Bowen
Published in Trinity Gazette
May 21, 2015
Mark Baird, spokesman for the State of Jefferson committee, is asking for Jefferson supporters to call their county supervisors and respectfully ask for a “yes” vote on the declaration to withdraw from the State of California.
“In Trinity and Colusa Counties, we are waiting for the boards to schedule an action item. Please, call your county supervisor and ask for support of the State of Jefferson,” said Baird, who has been traveling throughout 19 counties of Northern California during the past year on the quest of splitting from California.
So far, eight counties have joined the new statehood movement. They are: Siskiyou, Modoc, Glenn, Yuba, Tehama, Sutter, Lake and Lassen.
On May 12th, Jefferson supporters filled the Nevada County Supervisors’ room as Baird explained the State of Jefferson proposal, which utilizes the U.S. Constitution’s Article 4, Sec. 3 for its legal stand. Baird also gave the Jefferson presentation to the Plumas County Supervisors on April 14th, which included a room full of supporters.
During the past two months, Baird and other Jefferson leaders have spoken at community town halls in Shasta, Sierra, El Dorado, Colusa and Mendocino Counties. A special meeting with business leaders was held in Butte County.
Now, Baird is asking for additional support from “the people.” In going forward, leaders of the Jefferson movement need help getting county supervisors to understand how broad-based the Jefferson movement really is. “It’s important that we put aside differences and restore representation and liberty to Northern California,” said Baird.
The idea of more representation by creating a new state is growing and Baird has found himself speaking on numerous radio and internet shows. Baird said the interviews last from 15 minutes to two hours and are broadcast by local, regional and national stations. George Noory was quite interested in the Jefferson movement during Baird’s interview; and his show covers the U.S. and Canada with an estimated 2.7 million listeners on 570 stations.
Baird said that many interviewers on the radio shows admit they used to live in California, but moved out because of over-taxation and the growing regulations that hinder business. Baird said “lack of representation” reverberates with everyone. “That’s what has excited everybody, the fact that we must have more representation.”
Those supporting the declaration to withdraw from the State of California readily point to the fact that out of 40 state senators, there are a total of 3 elected in the North State. Even more lack of representation is found in the Assembly, where only 3 out of 80 are allowed to be elected in Northern California, which represents over one-third of the state’s land base.
“Without representation, our economies will continue to crash,” said Baird, who adds that each county deserves to elect a state senator for true representation.
California continues a downward spiral of debt. A check on the official California Debt Clock shows a negative $426 billion. Despite the nay-sayers, Jefferson supporters want out before California crashes.
For more information on the State of Jefferson movement, go to the Jefferson Declaration Committee’s updated website — www.SOJ51.net — and the Jefferson Declaration.net site is now called Jefferson Declaration Blog.net.
Also check out activities in each county on facebook. Just type in the county name and add “for State of Jefferson.”
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May 20, 2015
Scott Valley Protect Our Water
Thursday, May 28, 2015
Fort Jones Community Center
Fort Jones, CA.
Please bring a dessert to share. We eat before, during and after!
Suction dredgers situation
May 18, 2015
May 13, 2015
Washington, DC – Rep. Doug LaMalfa (R-CA) voted for a measure last evening that rolls back the Environmental Protection Agency’s controversial “Waters of the United States” regulatory proposal. HR 1732, which passed by a vote of 261-155, prevents the EPA from implementing the rule and directs it to work with stakeholders on a new rule. The EPA has refused to make any significant changes to its proposal, despite receiving approximately a million comments from across the country identifying the negative impacts the rule would have on farms, small businesses, and local governments.
“The EPA and other federal bureaucracies already ignore clear exemptions in order to attack farmers and ranchers, and they now want even more authority? The Waters of the US regulation would expand the federal government’s jurisdiction over vast swathes of Northern California, including gullies which contain water only during rainstorms and wet depressions in fields,” said LaMalfa. “Congress has made it clear that it never intended to provide these powers to the EPA, has demonstrated bipartisan opposition to the proposal, and has acted to defund it. It’s time that the EPA remembers that Congress writes our nation’s laws, not federal bureaucrats.”
LaMalfa referred to the EPA’s existing interpretation of the Clean Water Act, in which it ignores clear, explicit exemptions of agricultural activities in order to penalize farmers for changing crops or replanting fallowed fields. LaMalfa has successfully passed several measures to limit and defund this interpretation, most recently in the Energy & Water Appropriations bill the House passed earlier this month.
Congressman Doug LaMalfa is a lifelong farmer representing California’s First Congressional District, including Butte, Glenn, Lassen, Modoc, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou and Tehama Counties.
May 18, 2015
Please Note We Have a New Meeting Place
Yreka Tea Party Patriots
Meeting for Tuesday, May 19th
Drake Travis, Producer and Actor
The High Road with Drake and Serena Travis (2014) and The Comeback Kids (2014)
“Who Owns Our Children”
Drake Travis earned his Bachelor’s in biblical literature from Simpson University and his Master’s in Literature (New Testament) from Alliance Theological Seminary in Nyack, New York. For several years Drake helped a medical team provide Christian-based care and surgery for about 4,500 people annually in Vietnam. Currently, Drake is the president of Brave Heart West Coast (www.braveheartwestcoast.org), a program in Northern California that will activate leaders for this millennium.
6:30 PM at the Covenant Chapel Church
200 Greenhorn Rd. Yreka
Free….Contact Louise for more information at 530-842-5443