Articles

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

May 15, 2017 | By JONATHAN WOOD

  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. … ...

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Weekly litigation report – February 3, 2017

February 03, 2017 | By DEBORAH LA FETRA

PLF asks Supreme Court to review challenge to California mining ban PLF challenges California gray wolf listing Supreme Court sets oral argument in Murr More Supreme Court arguments set for the March calendar PLF asks Supreme Court to review challenge to California mining ban PLF petitioned the nation’s highest court to hear Brandon Rinehart& ...

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

February 03, 2017 | By JONATHAN WOOD

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 ...

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CA Supreme Court invites state to frustrate federal policy

August 22, 2016 | By JONATHAN WOOD

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 ...

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Federal supremacy protects miners' rights

July 21, 2016 | By PACIFIC LEGAL FOUNDATION

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 R ...

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California can't arbitrarily ban mining

May 14, 2015 | By JONATHAN WOOD

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 … ...

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President’s weekly report — September 26, 2014

September 27, 2014 | By ROB RIVETT

Property Rights — Suction Dredge Ban Undermined 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 ...

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

September 25, 2014 | By JONATHAN WOOD

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 ...

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Supreme Court denies cert in The New 49'ers

March 18, 2013 | By JONATHAN WOOD

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that the receipt of a notice of intent from a private party is an “agency action,” triggering the consultation requirement of the Endangered Species Act. The miners sought review in the Supreme Court, and Pacific Legal Foundation, re ...