Carefully crafted legislation results in sound law PDF Print E-mail
Wednesday, 11 November 2009

Well thought out, and carefully crafted legislation results in sound law, and subsequent regulations that are rarely ever challenged, and almost never overturned. Simply because they are meticulously legal in all aspects, from the very start. If, or when judicial review of well founded law, or regulation is initiated, judges generally have an simple task in finding the facts of the matter, governing law, and making correct expeditious judgment.

Profoundly, SB 670 is not such legislation, nor are the regulations resulting from it. In fact, the premise behind SB 670, its “findings”, and need to be passed as an “urgency” measure are all fundamentally flawed. Hence, all provisions, and resulting regulations of SB 670, once in effect were immediately challenged as being contrary to, and/or abrogating a very extensive list of governing constitutional, federal, and state laws.

At the forefront of that federal court legal challenge, in-so-far as historically suction dredge gold mining is a completely legal business occupation. That sadly matters not, as 670 immediately prohibited all suction dredge gold mining, state wide for an unascertainable indefinite period of time, based on multiple court ordered CDFG, CEQA and APA governed contingencies that, any one of which, several, or all may never actually occur.

CDFG has began the process, but it face numerous uncertainties. The first of which is, if the federal court challenge of SB 670 results in the court expeditiously granting immediate injunctive relief to the plaintiffs, of one sort, or another. Which has profound merit, in that SB 670 prohibitions capriciously caused, and will continue to cause thousands of affected parties, and mining claim owners in California unjustifiable hardship, loss of occupation, livelihood, income, and constitutionally protected private property rights. As an effected party, at times, it is difficult to remain civil when expressing my thoughts about the matter.

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