We conclude the state‘s moratorium is not preempted. We granted the People‘s petition for review. The Court of Appeal concluded Rinehart potentially was correct and remanded for consideration of additional evidence and argument. Defendant Brandon Lance Rinehart, convicted of engaging in the banned mining technique, asserts it is the only practicable method and federal law promoting mining on federal land preempts the state‘s contrary legislation.
The People assert the state may, in pursuit of protecting fish habitats and the quality of the state‘s waterways, temporarily ban a particular method of gold mining pending adoption of suitable regulations. We consider here a conflict arising from the competing desires to exploit and to preserve these various resources.
In time, the state‘s other natural treasures-its waters and wildlife, its forests and coastlines-proved similar draws. M1200659 California was shaped by the search for gold. ) ) BRANDON LANCE RINEHART, ) ) Defendant and Appellant. Filed 8/22/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v.
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