PLP Updates, June 06' Options

[CP]

The PLP has been doing alot for all miners this year.
Read this latest update for details.

PUBLIC LANDS FOR THE PEOPLE, INC.
A 501[C](3) NONPROFIT CORPORATION
# 95-4521318 & 1880483
3700 SANTA CARLOTTA ST.
LA CRESCENTA, CA. 91214-1048

JUNE, 28, 2006

PLP IS FIGHTING YOUR BATTLES AND THE BATTLE FOR ALL SMALL MINING.  WE NEED YOUR HELP.   NOW!!

OVER THE PAST YEAR PLP HAS BEEN FIGHTING THE BATTLE FOR ALL SMALL MINERS IN HARD FOUGHT LITIGATION THROUGHOUT THE WESTERN UNITED STATES AND WE HAVE BEEN WINNING.  

PLAINTIFF DELORES M. STAPP, VICE PRESIDENT OF PLP, VS. THE UNITED STATES DEPARTMENT OF THE INTERIOR AND THE BUREAU OF LAND MANAGEMENT ANNOUNCE A SETTLEMENT!

WITH THE HELP OF OUR ATTORNEY DAVID YOUNG A SETTLEMENT WAS REACHED AND SIGNED BY ALL PARTIES ON 2-27-06.

THIS LAWSUIT WAS FILED TO CLARIFY THE NEW RULE INSTITUTED BY THE BLM REGARDING “UNNECESSARY OR UNDUE DEGRADATION” AND VARIOUS OTHER PROVISIONS  OF THE RULES THAT ARE BURDENSOME AND WERE PROMULGATED ILLEGALLY.

THE SETTLEMENT:

UNDER 43 CFR 3809, CASUAL USES INCLUDED ACTIVITIES REASONABLY INCIDENT TO MINERAL EXPLORATION, MINING, OR MINERAL PROCESSING, ORDINARILY RESULTING IN NOT GREATER THAN NEGLIGIBLE DISTURBANCE OF THE PUBLIC LANDS OR RESOURCES.  THE USE OF THE WORD “NO” IN THE REGULATORY DEFINITION OF “CAUSAL USE” IS ILLUSTRATIVE ONLY, AND THE REGULATORY MAXIMUM FOR CASUAL USE IS “NEGLIGIBLE” DISTURBANCE, NOT “NO” DISTURBANCE.

SISKIYOU REGIONAL EDUCATION PROJECT (SREP) VS., U.S.F.S. LINDA GOODMAN, REGIONAL FORESTER (REGION 6) & SCOTT CONROY, FOREST SUPERVISOR, SISKIYOU NATIONAL FOREST.  INTERVENERS WERE ROBERT & LISA BARTON & PLP’S GERALD HOBBS.  WALDO MINING DISTRICT SUED AS AN ADDITIONAL PARTY AND WAS INCLUDED IN CONSOLIDATION.

SREP ALLEGED THAT THE DEFENDANTS FAILED TO COMPLY WITH THE STANDARDS AND GUIDELINES CONTAINED IN THE NORTHWEST FOREST PLAN & AND SISKIYOU NATIONAL FOREST LAND RESOURCE MANAGEMENT PLAN IN CONJUNCTION WITH THE MANAGEMENT OF SUCTION DREDGE MINING IN THE WATERWAYS OF THE SISKIYOU NATIONAL FOREST.  SREP SOUGHT AN INJUNCTION PROHIBITING THE USFS FROM AUTHORIZING OR APPROVING MINERAL OPERATIONS IN THE REPARIAN RESERVES OR SUPPLEMENTAL RESOURCE AREAS WITHOUT AN APPROVED PLAN OF OPERATIONS AND PROHIBITING THE DEFENDANTS AND INTERVENERS FROM CONDUCTION ANY MINING ACTIVITIES UNTIL THEY OBTAIN AN APPROVED PLAN OF OPERATIONS FROM THE U.S.F.S.  THE BARTON’S AND WALDO MINING DISTRICT CLAIMED THAT THEIR RIGHTS UNDER THE 1872 MINING LAW WERE BEING INFRINGED UPON.

SIGNIFICANT DISTURBANCE VS. DISTURBANCE WAS AGAIN ADDRESSED.  THE MINERS ASSERTED THAT SUCTION DREDGING DOES NOT CREATE “SIGNIFICANT DISTURBANCE” IN THE RIPARIAN AREAS!

JERRY HOBBS, PRESIDENT OF PLP, SUBMITTED CONSIDERABLE MATERIAL TO THE COURT TO SUPPORT THIS POSITION.  HIS REQUEST TO INTERVENE IN THIS LITIGATION WAS GRANTED FOR THE REMEDIAL PHASE OF THIS LITIGATION.  THE COURT USED MANY OF JERRY HOBBS’S  ARGUMENTS TO SUSTAIN THEIR FINAL RULING THAT THIS CASE BE DISMISSED.

THE COURT PERMITTED THREE OF HOBBS’S COUNTER CLAIMS AND FIVE OF HIS AFFIRMATIVE DEFENSES.

MAGISTRATE JUDGE JOHN P. COONEY RECOMMENDED THE FOLLOWING: IT IS RECOMMENDED THAT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BE DENIED, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT BE GRANTED, THE BARTON’S & WALDO MINING DISTRICT’S MOTION TO STRIKE BE DENIED AS MOOT AND A JUDGMENT BE ENTERED “DISMISSING THIS CASE”!

U.S. DISTRICT JUDGE MICHAEL R. HOGAN THEN UPHELD WHAT MAGISTRATE JUDGE COONEY FOUND IN THIS CASE AND ORDERED THAT THIS CASE BE DISMISSED. THIS CASE IS NOW GOING TO THE 9TH CIRCUIT. WE MUST STAY IN THIS CASE TO PRESERVE THE WIN AND TO PREVENT THIS FROM HAPPENING IN OTHER REGIONAL FOREST PLANS ACROSS THE WEST.

THE COURT ON 3/29/06 DISMISSED THE SISKIYOU CASE

MOST RECENTLY WHEN THE KARUK INDIAN TRIBE TRIED THROUGH STEALTH LITIGATION WITH THE  CALIFORNIA DEPT. OF FISH AND GAME TO EXCLUDE MINERS FROM SUCTION DREDGING IN MAJOR PORTIONS OF RIVERS OF NORTHERN CALIFORNIA, PLP’S GERALD HOBBS INTERVENED IN THAT LITIGATION TO PROTECT THE INTERESTS OF SMALL MINERS.  THROUGH THE EFFORTS OF PLP, THE New 49ers AND OUR ATTORNEY DAVID YOUNG, PLP PRESIDENT JERRY HOBBS INTERVENED IN ORDER TO PREVENT THE ENTRY OF A STIPULATED JUDGMENT BETWEEN THE KARUK’S AND THE DEPARTMENT OF FISH AND GAME.  ON JUNE 16, 2006 JUDGE BONNIE SABRAW REFUSED TO SIGN THE STIPULATED JUDGMENT.  THIS WOULD HAVE RESTRICTED SUCTION DREDGING IN NORTHERN CALIFORNIA RIVERS. JUDGE SABRAW SET THE CASE FOR TRIAL..

THIS IS A TREMENDOUS VICTORY.  MINERS CAN NOW GO BACK TO SUCTION DREDGING UNDER THE OLD REGULATIONS.  HOWEVER, THE BATTLE IS FAR FROM OVER.  THE KARUK’S, AND THEIR RADICAL ENVIRONMENTAL ALLIES ARE NOT GIVING UP.  WE STILL HAVE TO WIN AT TRIAL.  OTHERWISE THE SEVERE LIMITATIONS SOUGHT BY THE KARUK’S WILL APPLY NOT ONLY ON THE RIVERS OF NORTHERN CALIFORNIA, THEY WILL SERVE AS A MODEL,  AND BE APPLIED ON RIVERS THROUGHOUT THE WESTERN UNITED STATES.  DEFEAT, INSTEAD OF VICTORY, IS A REAL POSSIBILITY UNLESS PLP FIGHTING YOUR BATTLES, CAN ECONOMICALLY  CONTINUE THIS  LITIGATIONS THAT HAS ALLOWED MINERS TO KEEP THEIR RIGHTS IN THE FACE OF A DETERMINED ENEMY WITH  UNLIMITED RESOURCES DEDICATED TO TAKING AWAY YOUR RIGHTS.

PLP IS PREPARED TO FIGHT AND SEEK VICTORY ON YOUR BEHALF.  ALL WE ASK IS FOR YOU TO CONTRIBUTE  YOUR FAIR SHARE TO ENABLE PLP TO KEEP  FIGHTING YOUR BATTLES.  THE NEED IS URGENT.  THE TIME IS NOW.  IT IS YOUR RIGHTS THAT ARE AT STAKE.

SEND YOUR CONTRIBUTIONS TO:  PLP LEGAL RESEARCH FUND,  3700 SANTA CARLOTTA STREET,  LA CRESCENTA, CA 91214.   818-957-1455   BHWetherby@aol.com.

BY JULY 4TH WE NEED $25,000 AVAILABLE TO IMMEDIATELY STOP THE THREATS THAT OUR ENEMIES ACTIVELY POSE.. WRITE US A CHECK, NOW! 

YOUR DONATION IS TAX DEDUCTIBLE!  PLP IS A 501 © (3) NON PROFIT CORPORATION.

GREAT WORK EVERYONE!
Now the PLP needs our assistance to continue ....... Follow through in the court (trial) is very very important right now!

Please contribute what you can ASAP!
Thank you for supporting the PLP.

CP