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Can a miner recover expenses

 
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Mon Feb 10, 2014 4:05 pm    Post subject: Can a miner recover expenses  Reply with quote

Can a miner recover expenses after winning a suit against the USFS?


Issue:

Whether a miner who prevails against the U.S. Forest Service in its attempt to seize his mining claim is entitled to be paid attorneys' fees and expenses pursuant to the Equal Access to Justice Act (EAJA)?

http://www.mountainstateslegal.or...cases/eno-v.-salazar#.Uvlopmex6tU


bejay
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Mon Feb 10, 2014 5:00 pm    Post subject: Reply with quote

Much heavy going for me reading through this. If only common sense and fairness were legal standards! My first take is that since owning a mining claim grants a right to mine, that the EAJA should apply.

Plaintiff contends that granting permi
ssion to engage in placer mining is not the
granting or renewing of a license. (Pl.’s Mot. at
24.) Specifically, plaint
iff contends “the Mining
Law grants a statutorily and const
itutionally protected right to mine
. . . not . . . a license,” the
government’s reference to licensees elsewhere
in relation to the MCRRA supports the position
that this permission is not a license, and the
MCRRA does not provide “a mining claimant must
apply for the right to mine.”



http://www.gpo.gov/fdsys/pkg/USCO...USCOURTS-caed-2_10-cv-01691-1.pdf
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Blueduck



Joined: 14 Feb 2012
Posts: 2
Location: Idaho

PostPosted: Tue Feb 11, 2014 9:02 pm    Post subject: Reply with quote

Holy moly, so much for a speedy resolution, and i thought my 6 plus years in Idaho court was a long time against JP Morgan bank..... usually the courts want the whole matter to be done and over from start to SCOTUS appeals in less than 7 years [Biblical forgiveness time frame]

What gets me, is the EAJA was meant for folks like us who were shut down by a government agency and ended up in court with a sustainable action, it appears that Mr Eno indeed sustained for 13 years, but also prevailed against being wrongfully shut down... so he should indeed be award his costs and fees, or other such relief as the court deems fit and proper [which is what i always put in my "summary prayer" ]

It is appalling that a NGO can sue and settle and apply for millions of dollars in EAJA funds and receive such, but an individual can not get the same relief..... I hope he fares better in the appeals courts, but i doubt that will happen and then maybe SCOTUS will decide to take on his action, but they really dont have to if they sit as an administrative panel [since 1946-7]

btw my wife says i am in my element when i get to talking about the court.... I really do not like the court or anything having to do with it, and that stems from the stress i was in for so many years, being right and losing in the Idaho Supreme Court.....

Blueduck is
William
Kamiah, Idaho
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Wed Feb 12, 2014 4:51 am    Post subject: Reply with quote

Mr. Eno was denied costs in the final judgment.  Maybe he should have formed a non-profit "greenie" group and sued.  One thing is for sure:  The Gov counts on wearing you out and making you quit.  When $$$$ is endless, and there is no bottom to the well Gov dips into, to fund litigation (our Tax dollars), then we suffer.  I would agree that EAJA seemed appropriate but Gov agencies have gotten so out of control they can play the "bully" card.
Unfortunately this is the very same reason most miners do not challenge the USFS or BLM and simply put their tails between their legs and walk away.  
I was told by one of the Top USFS agents many years ago that the USFS had to bow to the "greenie" groups because the USFS was constantly in court trying to defend their (USFS) actions.  So court challenges due impact decisions/directions the USFS makes regarding policies they initiate.

bejay
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Wed Feb 12, 2014 5:02 pm    Post subject: Reply with quote

And so...you get all the justice you can afford, as usual.
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GoldPatriot



Joined: 30 Dec 2011
Posts: 219
Location: Waldport, Oregon

PostPosted: Wed Feb 12, 2014 5:37 pm    Post subject: Reply with quote

Which is why miners should learn from the greens and force the BLM, DEQ, USFS and other agencies into court, at every opportunity.  We can also expose these agencies to the American public in an effort to turn the tide.  Silence has not helped us one bit.


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