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colo_nuggets
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49ers Lawyer ( 15:33:44 SatAug 8 2009 )

What is the 49ers lawyer doing in the wake of all this?
[1 edits; Last edit by colo_nuggets at 15:42:27 Sat Aug 8 2009]

  
Dave_Mack
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Re: 49ers Lawyer ( 15:52:24 SatAug 8 2009 )

Hang in there. I'll have something out this week.

  
ward35
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Re: 49ers Lawyer ( 19:37:00 SatAug 8 2009 )

hopefully any further litigation because of the dredging ban can now include $$ damages. It would be nice when we win and this is all settled that the state has to pay all the bills & then some to the club.

  
Old_Koot
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Re: 49ers Lawyer ( 21:12:54 SatAug 8 2009 )

California can't even pay bills right now, so don't hold your breath waiting for a settlement. You mighr get an IOU but I doubt it. With the decisions the politicians are making I'm not sure they ever will be able to pay them. at least in my lifetime.

I am so disgusted with California; I don't care if I ever see it again. It's not that much farther to Oregon so that's were you can find me.

Koot

  
Ghostrider
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Re: 49ers Lawyer ( 15:48:33 SunAug 9 2009 )

I have to agree with you Old Koot. Our Memberships are worth nothing now. You can't even get 20 cents on the dollar for them ifyou want to sell or need to sell them. I have to say I don't think they will ever let us back on the rivers. I'm looking for a claim here near home to buy. I'am just worn out constantly giving money to fight off the hopelaphobes in Califorina. I can use my money better closer to home. I love going out to Happy Camp and being on the river doing some thing I love. I don't know how much Wealth is added to the US economy from California gold but has to a good amount. I just don't have any more to give. I need to try to keep the hopelaphobes here at home at bay.
CH New 49'er 1167.



---
Love your county, but never trust the goverment.
 
 
UncleMark
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Re: 49ers Lawyer ( 16:37:11 SunAug 9 2009 )

I disagree with you both.
A federal lawsuit could make SB670 a non issue. SB 670 was passed with a total disregard for all the existing EIR's that have been performed about dredging, and instead was just a bunch of opinions that there "MAY" be harm without any scientific study performed to counter all the EIR's performed to date that have concluded otherwise.
Here is the problem with the California Legislature and a certain Judge disregarding all the EIR's done to date and instead using only opinions not backed up by ANY STUDIES that can pass peer review. Any one can have an opinion, educated or not. Even the biologists who performed the heavy metals EIR in Washington state were shocked at the outcome of their study because in their "opinion" before they performed that study, they believed dredging was causing harm, but those biologists had to eat their own opinions after they concluded that study, because the study proved those educated, expert biologists wrong.
http://www.ecy.wa.gov/pubs/0503007.pdf

There is a high chance of both reasons we can no longer get permits or dredge in Cal to be successfully challenged in State or Federal court.

As to the comment of the state being broke and unable to pay, if there is a court ordered financial settlement, the state has to pay.

  
Old_Koot
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Re: 49ers Lawyer ( 18:13:43 SunAug 9 2009 )

Uncle Mark, How long do you think it would take to complete a Federal lawsuit? How many EIRís have been done and where have they got us? Iím an old man and I donít have time to waste on the processes. Donít get me wrong, I have not given up the fight. I will continue to support the battle on all fronts for my childrenís sake. I know we donít harm the salmon or pollute the streams, anyone who has seen our dredges in action knows that. When you have The Kaurk leaders publishing blatant lies in newspapers people read that crap and believe it. We are not moving 37 tons of material an hour and we are not making the streams unfit for swimming. WE ARE IMPROVING THE RIVERS AND MAKING THEM CLEANER AND SAFER. I think we need to publicly debunk their lies and let the people who think we are killing the fish and polluting the streams see the truth. Maybe we should also bring out the truth about the behavior of a certain Karuk leader who almost killed his wife with a beer bottle. Should we mention that this same leader was arrested for meth amphetamine? That may explain some of his hallucinations. Does this leader have a job, or does he just collect his government stipend and make trouble for the hard working people who earn their income? The bottom line of what Iím trying to say is that we need to change our image that has been distorted by a bunch of hypocrites and liars. I donít have the means or the brains to do it by myself but I will help anyone with a good plan.

  
UncleMark
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Re: 49ers Lawyer ( 03:29:45 MonAug 10 2009 )

A temporary injunction could be issued by a Judge until the case is completed. It only took the Karuks four months to get one, ours could be that quick or possible quicker. There is no doubt that we can show immediate financial damage that could cause many people to loose their jobs and businesses closing that could cause irreversible damage. This is how the game of lawsuits by special interest groups work. Unlike the special interest groups who have been successful in their attacks against us this year, we have scientific studies to back up the "CONCLUSIONS of the biologists who support us. Notice I said conclusions, not opinions. Big difference. Remember, an opinion is an unproven hypothesis, a conclusion is a proven hypothesis.

Mark

  
ratled
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Re: 49ers Lawyer ( 04:40:40 MonAug 10 2009 )

I'm with Mark on this one. IMHO even the worst case scenario, the injunction is only until the EIR is complete. Once done they can only give the least restrictive regulations possible. There will be a time for us to have our say in the process. For those that are club members, I would say since Salmon donít actually spawn in the river there should little if any changes in those regulations. I would say most other water ways would fall into the same regs.

Remember, the EIR process is already established. The same process has to be followed weather itís dredging, hunting, river rafting, timber, whatever needs EIR.

This is the 1st time in the last several years of battle after battle that we didnít win Ė and only because they did an end around. It wasn't because they were right, it was because they bought the politicians. They couldn't win other wise. We have one set back from an end around and people are complaining weíll never dredge in CA again and our 49er memberships are worthless Ė how disappointing.

ratled
[1 edits; Last edit by ratled at 15:22:44 Mon Aug 10 2009]

  
johntf
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Re: 49ers Lawyer ( 12:49:27 MonAug 10 2009 )

I think that both perspectives are possible , obviously whats right is right [ dredges do less harm that " Indians " ] .
But the politicians as a lot are just plain scum [ majority ] going along with this , and it appears that the trend will only get worse [ many decades of observation ] .
I just wish I could find a effective way to fight the bull ,
But too broke to help much from a distance , to those that value there memberships / claims , little or none , it would be about my only chance to get back to mining , so if you are selling cheap enough , I'll do what I can to [ money / trade ] to give you something for your membership / claims .
I would like to find a lawyer that would take my anticipated losses on a contingency , and sue the krauts for my losses .
[1 edits; Last edit by johntf at 14:12:28 Wed Aug 12 2009]

  

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