Waldo Mining Districts Petition 9th Circuit En Banc in Bohmker case
Since 2013, the Galice and Waldo mining district has been actively fighting against the State of Oregon's unlawful ban on motorized placer mining. The ban, which originated through Senate Bill 838 criminalizes an important activity that is a critical part of the unique culture and history of several portions of the state and extends across approximately 95% of the gold bearing areas of the State of Oregon.
Congress specifically set many of the affected areas aside for U.S. Citizens to engage in mining and prospecting activity which might aid them in placing food on their family table, as well as furthering the economy of the nation at large. Those who continue to exercise their federally protected rights now risk up to a year in prison and/or tremendous fines simply because they chose to exercise those rights.
Following a disappointing decision by the majority of the 9th Circuit Court of Appeals in early September, on September 28th, 2018, a petition to rehear the case En Banc was sent to the 9th Circuit.
On September 12th, 2018, Galice Mining District, Recorder, Kerby Jackson reported that: "We just received some bad news from our attorney in the Bohmker (SB 838/SB 3) case here in Oregon. We have not reviewed the decision yet (it's 76 pages), but the 9th Circuit just ruled against us 2-1, with the dissenting judge casting his dissent in a magnificent fashion by saying to the others: “Come on. That cannot be the basis for our decision. The record amply establishes that the miners have consistently raised both a facial and as-applied challenge to Senate Bill 3 before the district court and on appeal..” .... That being said, we are not entirely shocked by this decision, when it became clear that one judge couldn't even grasp basic terms and during oral arguments reffered to mining claims as "leases" and called dredging "sludging or whatever it is they do".
We would like to take this opportunity to thank the legal teams at Pacific Legal Foundation and Mountain States Legal Foundation for their assistance and support.
Read the 9th Circuit Decision here
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