People v. Rinehart

Defendant was charged by criminal complaint with unpermitted use of a suction dredge. Suction dredging is a technique used by miners to remove matter from the bottom of waterways, extract minerals, and return the residue to the water. Defendant demurred, arguing (1) state law aimed at environmental conservation effectively banned suction dredging in California, thereby preventing him from using the only commercially practicable method of extracting gold from his mining claim; and (2) because federal law promoted mining on federal land, the state’s contrary legislation should be preempted. The trial court overruled the demurrer. The Court of Appeal reversed and remanded for consideration of additional evidence and argument. The Supreme Court reversed, holding that Congress did not guarantee miners a right to mine immunized from exercises of the states’ police powers. View "People v. Rinehart" on Justia Law