California Supreme Court rules against Rinehart By Brad Jones
The Supreme Court of California has ruled against suction dredge mining in the People v. Rinehart case. The court opinion was handed down this morning at 10 a.m. “We conclude the state’s moratorium is not preempted. The federal laws Rinehart relies upon reflect a congressional intent to afford prospectors secure possession of, and in some instances title to, the places that they mine,” the court stated. “But while Congress sought to protect miners’ real property interests, it did not go further and guarantee them a right to mine immunized from the exercises of the states’ police powers. We reverse the Court of Appeal.” Mining groups, including Public Lands for the People and the American Mining Rights Association and the Western Mining Alliance, are disappointed with the court opinion released Monday, Aug. 22.