Post by oakview2 on Sept 25, 2014 9:03:29 GMT -5
According to our sources, the more people who express an interest in seeing the Rinehart Decision published, the more likely that it will happen. So we encourage you guys to pass this around far and wide.
Here is a barebones sample letter that should be sufficient to meet the requirements of Rule 8.1120. You are encouraged to provide further information in the second paragraph concerning who you are and your interest in the case.
www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1120
You may also think of other reasons to add to the third paragraph for why the opinion meets the Rule 8.1105 standards for publication.
www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1105
Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case; the second form below is the “proof of service” form that contains those addresses.
Hon. Justice Harry E. Hull, Jr.
Hon. Ronald B. Robie
Hon. Andrea Lynn Hoch
914 Capitol Mall
Sacramento, CA 95814
Re: People v. Rinehart (Case No. C074662)
(Date)
Dear Honorable Justices:
Pursuant to California Rule of Court 8.1120, I write to request that the Court order the slip opinion issued in People v. Rinehart (Case No. C074662) be certified for publication.
As a miner in the State of California, I have a keen interest in establishing that federal mining laws impose substantive limits on the power of the State of California to regulate my activities on federal land.
Publication is appropriate because this opinion establishes a rule of law not previously set forth in California opinions, though established in federal court cases, and involves a legal issue of continuing public interest. There are numerous ongoing lawsuits in California concerning the scope of the State’s regulatory powers over mining on federal land, and the absence of California precedent has caused increased costs and delay for litigants and the State.
Thank you for your consideration of this request.
Sincerely,
_______________________
(full name and address)
PROOF OF SERVICE
I am over the agent of 18, not a party to the above action. My address is
________________________________________________________.
On ______________, 2014, I served the attached letter requesting publication in this action by placing true copies thereof in sealed envelopes and mailing them by First Class mail, postage prepaid, addressed to:
Matthew K. Carr
Deputy District Attorney
Plumas County District Attorney
520 Main Street, Room 404
Quincy, CA 95971
Marc N. Melnick
Deputy District Attorney
Office of the Attorney General
1515 Clay Street, Suite 2000
Oakland, CA 94612
Clerk of the Court
Plumas County Superior Court
520 Main Street, Room 104
Quincy, CA 95971
Jonathan Evans
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Lynne Saxton
Saxton & Associates
912 Cole Street, Suite 140
San Francisco, CA 94117
Damien Schiff & Jonathan Wood
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
James Buchal
3425 SE Yamhill Street,#100
Portland, OR 97214
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _____________, at _______________.
Here is a barebones sample letter that should be sufficient to meet the requirements of Rule 8.1120. You are encouraged to provide further information in the second paragraph concerning who you are and your interest in the case.
www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1120
You may also think of other reasons to add to the third paragraph for why the opinion meets the Rule 8.1105 standards for publication.
www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_1105
Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case; the second form below is the “proof of service” form that contains those addresses.
Hon. Justice Harry E. Hull, Jr.
Hon. Ronald B. Robie
Hon. Andrea Lynn Hoch
914 Capitol Mall
Sacramento, CA 95814
Re: People v. Rinehart (Case No. C074662)
(Date)
Dear Honorable Justices:
Pursuant to California Rule of Court 8.1120, I write to request that the Court order the slip opinion issued in People v. Rinehart (Case No. C074662) be certified for publication.
As a miner in the State of California, I have a keen interest in establishing that federal mining laws impose substantive limits on the power of the State of California to regulate my activities on federal land.
Publication is appropriate because this opinion establishes a rule of law not previously set forth in California opinions, though established in federal court cases, and involves a legal issue of continuing public interest. There are numerous ongoing lawsuits in California concerning the scope of the State’s regulatory powers over mining on federal land, and the absence of California precedent has caused increased costs and delay for litigants and the State.
Thank you for your consideration of this request.
Sincerely,
_______________________
(full name and address)
PROOF OF SERVICE
I am over the agent of 18, not a party to the above action. My address is
________________________________________________________.
On ______________, 2014, I served the attached letter requesting publication in this action by placing true copies thereof in sealed envelopes and mailing them by First Class mail, postage prepaid, addressed to:
Matthew K. Carr
Deputy District Attorney
Plumas County District Attorney
520 Main Street, Room 404
Quincy, CA 95971
Marc N. Melnick
Deputy District Attorney
Office of the Attorney General
1515 Clay Street, Suite 2000
Oakland, CA 94612
Clerk of the Court
Plumas County Superior Court
520 Main Street, Room 104
Quincy, CA 95971
Jonathan Evans
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104
Lynne Saxton
Saxton & Associates
912 Cole Street, Suite 140
San Francisco, CA 94117
Damien Schiff & Jonathan Wood
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814
James Buchal
3425 SE Yamhill Street,#100
Portland, OR 97214
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _____________, at _______________.
