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UPDATE 12/30/17

Oral Arguments in the U.S. 9th Circuit regarding our suit against Oregon and SB 838 (& SB3) have been scheduled for March 8, 2018.  This is going to be a busy, and expensive Spring with two different Oral Hearings!

EOMA/WMD v DEQ
PERMIT LITIGATION
UPDATED 01/01/18

NOW IN THE OREGON SUPREME COURT

AFTER 12 YEARS OF LITIGATION AGAINST THE OREGON DEQ NPDES SUCTION DREDGE PERMIT, WE HAVE FINALLY MADE IT TO THE OREGON SUPREME COURT!

ORAL ARGUMENTS are scheduled for:

THURSDAY
MAY 10, 2018
at 1:30 p.m.

Oregon Supreme Court Courtroom
1163 State Street, Salem, OR.

For more information on the EOMA/WMD v DEQ case:

CLICK HERE TO READ THE APRIL 2017 WMD NEWSLETTER

CLICK HERE TO READ
THE FILED BRIEFS
AND MORE ON THIS LITIGATION
(UPDATES COMING SOON)

BOHMKER vs OREGON
SB 838/SB 3, LITIGATION

UPDATED 01/01/18

NOW IN THE U.S.
9TH CIRCUIT COURT

BOHMKER (et al) vs OREGON IS A UNITED EFFORT AGAINST OREGON’S PROHIBITION ON MOTORIZED INSTREAM PLACER MINING IN STREAMS DESIGNATED AS SALMON HABITAT (ESH).

ORAL ARGUMENTS ARE SCHEDULED FOR:

THURSDAY
MARCH 8, 2018,
AT 1:30 P.M.,
PIONEER COURTHOUSE
PORTLAND, OR.

CLICK HERE TO READ
THE FILED BRIEFS
AND MORE ON THIS LITIGATION
(UPDATES COMING SOON)

ON MONDAY, APRIL 10, THE OREGON SENATE

VOTED AND PASSED SENATE BILL 3 (SB 3).

AS INTRODUCED, SB 3 WOULD HAVE GREATLY ENLARGED THE AREA CLOSED TO MOTORIZED IN-STREAM PLACER MINING TO INCLUDE THE WHOLE STREAM AND ITS TRIBUTARIES, IF ANY PORTION OF THE STREAM IS DESIGNATED AS ESSENTIAL SALMON HABITAT (ESH).

IN EARLY APRIL, AFTER SEVERAL ROUNDS OF HEARINGS, WORKSHOPS, AND AMENDMENTS, THE SENATE COMMITTEE ON THE ENVIRONMENT & NATURAL RESOURCES VOTED AND ACCEPTED SB 3-8 AND SENT IT TO THE SENATE FLOOR FOR A VOTE, WHERE IT PASSED AND BECAME “SB 3A ENGROSSED”, AND NOW GOES TO THE HOUSE WHERE ANYTHING CAN HAPPEN.

SB 3A REVOKES SB 838 AND THE 5-YEAR MORATORIUM.

SB 3A PUTS IN PLACE A PERMENANT BAN ON ALL MOTORIZED IN-STREAM MINING EQUIPMENT IN ALL ESH SEGMENTS.

SB 3A REDUCES PERMITTABLE DREDGES TO THOSE WITH 4” ID SUCTION HOSE OR SMALLER.

SB 3A PLACES NEW RESTRICTIONS AND CONDITIONS ON DREDGING.

SB 3A “ALLOWS” NON-MOTORIZED GRAVITY OR SYPHON DREDGES IN ESH.

SB 3A ALLOWS EQC TO SET PERMIT FEES AS HIGH AS $250 PER YEAR WITH A $250 INITIAL APPLICATION FEE (I.E.; UP TO $500 1ST YEAR PERMITTING).

SB 3A CALLS FOR UP TO $2,000 FINE FOR VIOLATION.

CLICK HERE FOR MORE ON SB 3A ENGROSSED

CLICK HERE TO VIEW YOUTUBE VIDEO OF SENATOR BAERTSCHIGER’S SPEECH ON SB 3

CLICK HERE TO VIEW YOUTUBE VIDEO OF SENATOR BAERTSCHIGER’S CLIP ON RURAL OREGON

Oregon-miners-alert-home-image

THE STATE OF OREGON
HAS PROHIBITED
MOST SMALL-SCALE IN-STREAM
MOTORIZED PLACER MINING!

In 2013, Sen. Alan Bates (Dem.) (District 3, Medford/Ashland) and the Oregon legislature passed Senate Bill 838, which was signed into law by the Governor.

SECTION 2 OF SB 838 CALLS FOR A “FIVE YEAR MORATORIUM ON THE USE OF ALL MOTORIZED PLACER MINING EQUIPMENT” IN:

1) ALL STREAMS DESIGNATED ESSENTIAL SALMON HABITAT (ESH), OR HAVE NATIVE BULL TROUT OR LAMPREY EELS; AND

2) 100 YARDS TO EITHER SIDE OF ESH+ STREAMS FROM THE NORMAL HIGH-WATER MARK IF OPERATIONS WILL DISTURB STREAMSIDE VEGETATION IN A MANNER THAT WILL EFFECT WATER QUALITY.

“Motorized Equipment” includes any internal combustion or stream engine, electric motors including battery operated pumps, gold wheels, mini-concentrators, etc..

No Pumps, No Dredges, No Hi-Bankers, No Power Sluices, No backhoes, No excavators, No trommels or washplants, No air-compressors (for breathing underwater) = NO MINING!

[NOTE: The only exemption is for placer operations requiring DOGAMI permitting
(i.e.; move more than 5,000 c/yrds/yr), or in the few NON-ESH STREAM SEGMENTS.]

VIOLATION IS A CLASS A MISDEMEANOR
(UP TO $6,250 FINE AND ONE YEAR IN JAIL).

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LAWSUIT FILED

ON OCTOBER 19, 2015, THE GALICE & WALDO MINING DISTRICTS (ET AL) FILED SUIT IN FEDERAL COURT (MEDFORD) AGAINST THE STATE OF OREGON & SB 838.

ON FEBRUARY 18, 2016, A HEARING WAS HELD IN MEDFORD, AND ON MARCH 25, U.S. MAGISTRATE JUDGE MARK CLARKE RULED THAT A BAN ON MOTORIZED EQUIPMENT WAS NOT A BAN ON MINING AND UPHELD SB 838.

ON April 7, 2016, THE MINERS FILED AN APPEAL PETITION WITH THE U.S. 9TH CIRCUIT COURT OF APPEALS, WITH OUR OPENING BRIEF DUE JULY 14, 2016.

CLICK HERE” FOR MORE ON SB 838
AND THE LITIGATION AGAINST IT.

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WE NEED YOUR HELP & SUPPORT !

THE WALDO & GALICE MINING DISTRICTS OF SW OREGON HAVE RETAINED ATTORNEY JAMES BUCHAL TO HOPFULLY STOP THE MORATORIUM.

This litigation has cost $1,000’s of dollars…
and $1,000’s more will be needed before
we have any chance of winning.

Ask yourself this:
What’s it worth to YOU to be able
to continue mining in Oregon . . .

. . . and then PLEASE make a Donation to reflect that worth.
EVERY LITTLE BIT HELPS!

“CLICK HERE” FOR CONTACT INFORMATION AND HOW TO DONATE