The State of California has Intentionally Violated Federal Law
Public Lands for the People believes that the State of California has intentionally violated Federal Law once again with the passage of SB 637.
When in conflict, Federal Law will always trump State Law. SB637 will require the dredger to apply for a permit even though common suction dredging is exempt on the Federal level from requiring permits. Dredging falls under what is known as “Incidental Fallback” There is ample case law to back this up. You can read the reasons why in PLP’s Incidental Fallback position paper.