Galice & Waldo Mining Districts Will Petition United States Supreme Court in Bohmker case

Since 2013, the Galice and Waldo mining districts has been actively fighting against the State of Oregon's unlawful ban on motorized placer mining. The ban, which originated through Senate Bill 838 and evolved into Senate Bill 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 October 25th, 2018, in a 2-1 decision, the 9th Circuit Court declined to rehear the case En Banc.

Leadership in the Galice and Waldo mining districts have now approved their legal representation, Portland attorney James Buchal, to move forward with the petitioning the Supreme Court of the United States to weigh in on the "suction dredge ban" question.

We would like to take this opportunity to thank the legal teams at Pacific Legal Foundation and Mountain States Legal Foundation for their continuing assistance on this case.

Read the 9th Circuit Decision here

Read the petition to rehear 9th Circuit En Banc here

Read the Amicus Curiae Brief submitted by Mountain States Legal Foundation on behalf of American Mining & Exploration Association here

Read the 9th Circuit's Order to Deny Rehearing En Banc
 

We remain committed to seeing this case all the way through to the United States Supreme Court, but that won't happen without your continued support.
 

If you wish to protect your mining rights, please donate to this case.
(Click the "Donate" button to donate via Paypal or Credit Card)
 
 
 

 

Videos about the Bohmker case