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Dave_Mack
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More on Brandon's case! ( 01:19:23 ThuJan 2 2014 )

Our adversaries have filed an Application with the Third Appellate Court that is considering Brandon's appeal, to file a friend of the court brief in opposition to federal preemption.

It is the same old lies and misrepresentations they have been using for quite some time. Having said that, my guess is that the arguments pose compelling challenges to uninformed people who are trying to understand the issues. The brief provides a good review of what we are up against.

If the Court allows our adversaries to intervene, we will consider a rebuttal brief from The New 49'er Legal Fund.

  
ratled
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Re: More on Brandon's case! ( 01:27:42 ThuJan 2 2014 )

Thanks for the update Dave!!!

I'll call the office with a donation just in case we need to file also. I challenge everyone to do the same

ratled

  
OVRBRDN
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Re: More on Brandon's case! ( 01:57:10 ThuJan 2 2014 )

Will send some Friday online...



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Oakview2
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Re: More on Brandon's case! ( 13:52:37 FriJan 3 2014 )

How is it the States case is being argued with a brief authored by Center for Biodiversity ????????? Something just does not smell right

  
Jim_Alaska
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Re: More on Brandon's case! ( 16:36:09 FriJan 3 2014 )

Oakview,

Keep in mind that this is about an Amicus brief, or "friend of the court" brief. They are attempting to have the court consider it. They are not actually arguing the case, but rather submitting information for the court to consider.



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James Foley
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dfoley94521
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Re: More on Brandon's case! ( 03:41:58 MonJan 13 2014 )

Dave....Thanks for posting all the docs online for everyone to read!!!

I've read through the Center for Biologic Diversity's amicus brief, and I feel more optimistic now. They made basically the same argument the state did, and they misinterpreted the same case the state did. They did spend a lot of time talking about the "negative" effects of suction dredging, which has absolutely nothing to do with the federal preemption issue. I think the case law doesn't support their position, so they are trying to find a sympathetic judge that will be influenced by an environmental spin. (Which could happen in Sacramento.) That makes me think they are really scared that Brandon will win his appeal. I hope Brandon's response mentions dredging actually removes mercury from the environment, doesn't harm the fish because we don't dredge when fish eggs are present, and actually improves the streambed by loosening up the gravel so more eggs can survive to hatch.

If Brandon wins, the other issue we need to win is having the supplemental EIR disqualified. Will that be the only issue left for the May court case? Is James Buchal the attorney arguing that issue, or is it someone else?

Good luck Brandon, I think you've really got the Center for Biologic Diversity scared!!!

Dan

  

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