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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 10/30/16

There was a General Meeting of the WMD on June 14, and on August 26, 2016.  The meetings were held at the Josephine County Bldg. in Cave Junction, and were preceded by a Newsletter mailed to all our members.

Since the August meeting, the WMD has been holding joint meetings with the Galice Mining District (GMD) on the 1st Friday of each month… and we will continue to hold joint meetings with Galice until further notice.

WHEN:  JOINT MEETINGS OF THE WALDO & GALICE MINING DISTRICTS ARE HELD ON THE 1ST FRIDAY OF EACH MONTH BEGINNING WITH A POT-LUCK DINNER AT 6:00PM AND MEETINGS START AROUND 7PM.

WHERE:  WMD/GMD MEETINGS WILL BE HELD AT THE REDWOOD GRANGE HALL, 1830 REDWOOD AVENUE, GRANTS PASS, OR..

THE PUBLIC IS WELCOME AT ALL MEETINGS.

The Redwood Grange is located a few blocks east of Dowell Rd. on the north side of Redwood Ave..  Look for the single huge rusty steel power pole.

MINERS v SB 838
UPDATED 10/30/16

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 and Intervenors had until August 15, 2016 to file a Response, but instead they requested a 60-day extension and filed Responses on October 14, 2016.

CLICK HERE” TO READ THE STATE’S RESPONSE BRIEF

CLICK HERE” TO READ THE INTERVENOR’S RESPONSE

THE STATE AND INTERVENOR’S RESPONSES WERE FOLLOWED BY THREE AMICUS BRIEFS FILED IN SUPPORT OF SB 838

CLICK HERE” TO READ THE AMICUS BRIEF FILED BY WESTERN PUBLIC LAND LAW PROFESSORS JOHN D. LESHY ET AL. 10/20/16

CLICK HERE” TO READ THE AMICUS BRIEF FILED BY THE U.S. DEPT. OF JUSTICE 10/21/16

CLICK HERE” TO READ THE AMICUS BRIEF FILED JOINTLY BY THE STATES OF CALIFORNIA AND WASHINGTON 10/22/16

AT THIS POINT (10/30), THE MINERS ARE PREPARING REPLIES TO THE RESPONSES AND AMICUS BRIEFS -- TO BE FILED SOON.

SEE BELOW FOR MORE ON SB 838

WALDO MINING DISTRICT
CURRENT OFFICERS & BOARD OF THE WMD
UPDATED 10/30/16
 
Election of Officers & Board Members was held at the June meeting:  results:

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

In addition to the Officers, Board Members are:  Kat Alley, Dave Bargelt, Bob Barton, Josh Bohmker, Frank Serroni, and Bob Stumbo.

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

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"NEWS FROM THE FRONT"

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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