A federal judge determined Monday that a Gold Hill man digging for gold on Forest Service land on Sucker Creek in Josephine County was guilty of illegal mining and will be responsible for costs to remedy his road-building and mining. The miner, Clifford R. Tracy, 37, was cited, then finally arrested in September on charges that he was mining illegally. He spent 12 days in jail when he refused to sign a release agreement promising he wouldn't continue mining, becoming the latest center in an ongoing controversy over mining on public land. On Monday, U.S. District Court Judge Owen M. Panner found Tracy guilty of mining without an operating plan approved by forest officials and sentenced him to one year on probation. Panner didn't impose any fine or additional jail time, although the misdemeanor violation can be punished with fines of up to $5,000 and jail sentences of up to 6 months. He noted that Tracy is seeking bankruptcy protection and the government had asked for reparations in a civil suit, also heard on Monday afternoon. "I don't want you violating the law even though you think you have rights to the minerals," Panner said to Tracy. Tracy reiterated his contention that the Forest Service is against miners and mining and said he would continue to work claims on Bureau of Land Management-controlled property in the same drainage. "This has been a complete violation of due process," he told Panner. "My right to minerals can't be circumscribed by any agency." Assistant U.S. Attorney Neil J. Evans said Tracy's "contention about the rights of miners ignores the right of the Forest Service to manage public land."...read more
So we see what the Forest Service does to an individual who violates one of their laws. They file criminal and civil suits against him. Will be interesting to see how the Forest Service reacts to being charged with violating clean air and clean water laws.
3 comments:
Surely you don't suggest that the taxpayers pay for remediation caused by an individual. Why is a civil suit seeking to recover the cost of remediation not appropriate? Unless, he had a right to build the road and cause the effects.
My comment was not aimed at what the FS did to the individual, but was comparing that to how they would react at be being the ones charged with violating the law. In other words, can they be held accountable the way the individual was. We shall see.
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