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September 15, 2018

Weekly litigation update — September 15, 2018

Preliminary injunction briefing completed in Minnesota dance case This week we finished briefing our motion for a preliminary injunction in D.M. v. Minnesota State High School League. In this case, we represent two Minnesota high school boys who love to dance. Unfortunately, Minnesota state rules prohibit boys from joining high school competitive d ...

May 15, 2017

Supreme Court calls for the Solicitor General's views on Rinehart v. California

This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. ...

February 03, 2017

PLF asks Supreme Court to review challenge to California's mining ban

Nearly two centuries ago, the Supreme Court recognized that the “unavoidable consequence” of the Constitution’s Supremacy Clause is that States have “no power … to retard, impede, burden, or in any manner control” federal policies that are otherwise consistent with the Constitution. California, unfortunately, has ...

August 22, 2016

CA Supreme Court invites state to frustrate federal policy

The California Supreme Court has issued its long-awaited decision in People v. Rinehart, concerning the legality of the state’s ban on suction dredge mining. The case concerns an apparent conflict between federal law, which encourages mining on federal lands, and the state’s ban against the only practicable method of mining stream bed c ...

July 21, 2016

Federal supremacy protects miners' rights

PLF and Western Mining Alliance have filed an amicus brief in the Ninth Circuit case Bohmker v. Oregon. In the brief, we argue that federal mining policy preempts Oregon's ban on a federally-approved and encouraged mining practice. Part of having a federalist system of government is deciding which level of government gets final say when ...

May 14, 2015

California can't arbitrarily ban mining

The California Supreme Court is considering an important case concerning whether a state can frustrate federal law and deprive people of their livelihoods for no good reason. PLF filed this amicus brief in the case, joined by the Western Mining Alliance and Siskiyou County. If you’re a regular reader, you can probably guess which side ...

September 25, 2014

Court of Appeal deals a blow to the state's ban on suction dredge mining

The California Court of Appeal has issued a decision that seriously undermines California’s ban on suction dredge mining. Adopting the argument of our amicus brief, the Court held that a state ban forbidding all commercially beneficial use of a federal mining claim is preempted by federal mining law. Brandon Rinehart has a federal mining clai ...

April 04, 2014

President's Report – April 4, 2014

Property Rights – California Coastal Commission We reported last week that the California Court of Appeal issued an adverse decision in SDS Family Trust v. CCC, based on its misunderstanding of the facts related to when the family challenged the mile-long easement imposed on its property.  This week, PLF filed a petition for rehearing that ...

March 31, 2014

California agency proposes continuation of mining ban

Since 2009, California has forbidden the use of suction dredge mining equipment until the agency in charge of regulating this mining — the Department of Fish and Wildlife — develops regulations to mitigate any adverse environmental effects. However, the Department doesn’t think this is possible and this temporary moratorium has be ...

March 07, 2012

20 years of Pacific Northwest victories: supporting mining in Alaska

Over the past 20 years, attorneys at PLF’s Pacific Northwest Center have written hundreds of amicus briefs in important, precedent-setting cases.  One of those cases was Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, decided by the U.S. Supreme Court in 2009. After almost 70 years of dormancy, the Kensington Gold Mine near June ...