Solicitor General recommends against SCOTUS review of California Supreme Court gold mining opinion

Over 15 months ago, the California Supreme Court — in People v. Rinehart — held that California’s temporary ban on a particular method of gold mining pending adoption of suitable regulations is not preempted by federal law, including the Mining Law of 1872.  When the defendant petitioned the US Supreme Court for certiorari, that court invited the Acting Solicitor General to let the justices know the United States’ views about the case.  Earlier this week, and seven months after the invitation, the Solicitor General said the Court should deny certiorari.

The California Supreme Court said in Rinehart that it was “part[ing] company” with a 1998 Eighth Circuit decision.  But the Solicitor General says the two opinions do not conflict, even though he admits “the California Supreme Court rejected aspects of the Eighth Circuit’s reasoning.”