Procedural Guarantees

Rinehart v. California

Golden State no more? California bans gold prospecting

California’s original Forty-Niners made their fortunes in gold with shovels and pans. Modern-day prospectors use a “suction dredge” – a specialized vacuum – to suck up sediment from streams, extract the gold, and then return the sediment to the stream. Federal law not only permits but encourages suction dredge mining, even on federal lands, while states retain the right to require permits and regulate environmental impacts. Unsatisfied with this balanced approach, California banned suction-dredge mining entirely. Brandon Rinehart, who profitably mined his Nugget Alley claim in the Plumas National Forest for years, was convicted of violating the ban over his defense that the ban is preempted by the federal Mining Act of 1872.

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