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EOMA/WMD v DEQ LITIGATION
UPDATED 07/25/16

A WIN!
WE GET OUR DAY IN COURT!

JULY 14, 2016 - OREGON SUPREME COURT RULES THAT OUR ISSUE IS LIKELY TO EVADE REVIEW AND IS REMANDED BACK TO THE COURT OF APPEALS.

After 10+ years of litigation against the unlawful NPDES permitting required by DEQ for suction dredge mining in Oregon, and after having been declared moot by the courts twice, we appealed to the Oregon Supreme Court and the court ruled that although our case against the 2010 700PM permit was moot our issue remains alive in the later permits and is likely to evade review – which means we now go back to the Oregon Court of Appeals to argue against NPDES permitting by DEQ. 

“CLICK HERE” TO READ
THE OREGON SUPREME COURT RULING

“CLICK HERE” FOR MORE ON THE
EOMA/WMD v. DEQ LITIGATION

WALDO MINING DISTRICT MEETINGS
UPDATED 07/25/16

There was a General Meeting of the WMD on June 14, 2016.  The meeting was held at the Josephine County Bldg. in Cave Junction.  Although it is not scheduled yet, we plan to have another General Meeting before the end of August, 2016. 

Check here for Updates on next meeting.

Election of Officers & Board Members was held at the June meeting -- results:

PRESIDENT:    Tom Kitchar
V. PRESIDENT: Don Young
TREASURER:    Mark Wagnell
SECRETARY:    Sarah Bohmker

In addition to the Officers, Board Members are:
Kat Alley, Dave Bargelt, Bob Barton, Bob Stumbo.

MINERS v SB 838
UPDATED 07/25/16

OPENING BRIEF FILED

JULY 15, 2016 – THE MINERS FILE OPENING BRIEF IN THE U.S. 9TH CIRCUIT APPEALING MAGISTRATE’S ORDER OF MARCH 25, 2016 UPHOLDING SB 838.

“CLICK HERE” TO READ THE
MINER’S OPENING BRIEF

JULY 20 - PACIFIC LEGAL FOUNDATION SUBMITS AMICUS BRIEF SUPPORTING MINERS.

“CLICK HERE” TO READ THE
PLF AMICUS BRIEF

JULY 21 - AMERICAN EXPLORATION & MINING ASSOCIATION SUMITS AMICUS BRIEF SUPPORTING MINERS.

“CLICK HERE” TO READ THE
AEMA AMICUS BRIEF

The State has until August 15, 2016 to file a Response.
SEE BELOW FOR MORE ON SB 838

WMD MEMBERSHIP INFO
UPDATED 06/30/16

WARNING - To all past WMD members:  After a long period of not putting out Newsletters, the WMD sent out Newsletters to all past members in May, and again in June of 2016.  Some of you may have moved over the years and may not have gotten the Newsletters.  Both 2016 Newsletters warned members if their dues were due, and mentioned that if dues were not received before our next Newsletter (planned for sometime in August) then we will unfortunately have to remove you from our Membership List.

“CLICK HERE” TO JOIN WMD

UPDATED JUNE 30, 2016

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"NEWS FROM THE FRONT"

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WMD GENERAL MEETINGS

There was a General Meeting of the WMD on June 14, 2016.  The meeting was held at the Josephine County Bldg. in Cave Junction.  Although it is not scheduled yet, we plan to have another General Meeting before the end of August, 2016.  Check here for Updates on next meeting.

WARNING - MEMBERSHIP INFORMATION - To all past WMD members:  After a long period of not putting out Newsletters, the WMD sent out Newsletters to all past members in May, and again in June of 2016.  Some of you may have moved over the years and may not have gotten the Newsletters.  Both 2016 Newsletters warned members if their dues were due, and mentioned that if dues were not received before our next Newsletter (planned for sometime in August) then we will unfortunately have to remove you from our Membership List.

EOMA/WMD v. DEQ LITIGATION: After 10+ years of litigation against the unlawful NPDES permitting required by DEQ for suction dredge mining in Oregon, and after having been declared moot by the courts for the 2nd time, we are currently arguing “mootness” in the Oregon Supreme Court.

“CLICK HERE” FOR MORE ON THE EOMA/WMD v. DEQ LITIGATION

 

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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

ALTERNATIVE TO MOTORIZED PLACER MINING – CIRA 1905