Monday, November 23, 2015

Their right to devastate the landscape


For their personal fun and profit. Like those assholes who love to go ripping through any environment that is not their front lawn in their four wheelers, hobby miners are claiming a right by law to devastate stream beds throughout the west.
The General Mining Law of 1872 promised Americans who went west that whatever gold or other precious minerals they found would be theirs for the keeping — the main driver of the California Gold Rush that fueled the nation’s great westward expansion.

Almost 150 years later, gold miners in the west, who now prospect mostly as a hobby, are invoking the same law to sue states over moratoriums on the use of suction dredge mining equipment.

Driven by environmental concerns that these motorized vacuums disrupt salmon habitat and affect water quality, California banned the practice in 2009. Oregon will do the same starting Jan. 1, 2016.

Miners are suing both states, arguing that their moratoriums on suction dredges to sift through gravel for specks of gold violate the federal mining law.

“It alleges that the state lacks power to prohibit mining on federal lands,” said James Buchal, a Portland, Oregon, lawyer who represents a consortium of gold miners in the lawsuits.

Miners scored a victory in California earlier this year when lower courts ruled in their favor, sending the case to the state Supreme Court, which has agreed to hear it.

“Essentially, miners are asserting they have a constitutional right to mine anywhere they want, which is ridiculous,” said Nick Cady, legal director of Cascadia Wildlands, a non-profit conservation group based in Eugene, Oregon. “This hobby mining group of a few hundred people are decimating salmon habitat.”

Environmentalists also argue that dredging raises the level of mercury in the water — some of it naturally occurring and some left over from more than a century of mining.

“This is about protecting salmon habitat and water quality,” said Forrest English, director of Rogue Riverkeeper, an Oregon non-profit that works to restore and protect water quality. “There are other places to mine. You don’t need to mine for gold in the stream bed … This is about the state being able to protect resources the state depends on. It’s public water.”
I can easily imagine Scalito & Thomas & Kennedy hobbylobbying this handful of destructive people for some newly twisted legal reason. I hope President Sanders gets to replace one or more of them before they can.

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