[Vision2020] Judge Bradbury Denies Issuance of Permit

[Tom Hansen]

Courtesy of the Lewiston Tribune.

 

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Judge denies issuance of permit allowing mega-loads on Highway 12

August 24, 2010, 4:30 pm

 

Second District Judge John Bradbury denied the issuance of a permit today
allowing four mega-truckloads from traveling on U.S. Highway 12 from
Lewiston to a refinery in Billings, Mont. 

 

Bradbury based his decision, in part, on the length of time the Idaho
Transportation Department agreed to allow ConocoPhillips to block traffic on
Highway 12.

 

"On the face of the Department's Memorandum of Decision, it is clear that
the permits were issued while allowing for delays of up to fifteen minutes,
which of course would also not allow for passing at least more frequently
than every ten minutes, and thus its decision is arbitrary, capricious, and
an abuse of discretion," Bradbury said in his ruling

 

The Idaho Transportation Department issued the permits Friday for the loads
to start their journey along U.S. Highway 12 to a ConocoPhillips refinery in
Billings, Mont. But the agency promised not to allow the trips to start
until the court made a ruling.

 

The loads have to cross the Arrow Bridge by Sunday or risk being stuck in
Lewiston until sometime in October because of the construction schedule for
the bridge. One side has been resurfaced and there's a construction break
before the second phase starts.

 

Bradbury's ruling follows an intense two-hour hearing Monday. Bradbury
listened to arguments from Boise-based attorneys representing
ConocoPhillips, ITD, Borg Hendrickson, Linwood Laughy and Peter Grubb. 

 

Hendrickson, Laughy and Grubb filed the lawsuit last week aiming to block
the loads. The plaintiffs contend ConocoPhillips' plans to send trucks
taking up two lanes down U.S. Highway 12 would threaten public safety, hurt
tourism and potentially harm the scenic river corridor. Their attorneys are
from Advocates for the West. 

 

Bradbury asked attorneys from ITD and ConocoPhillips a number of pointed
questions. Among them was when ITD had reached its decision to issue the
permits and why the transportation department was allowing the trucks to
travel for 15 minutes before allowing traffic to pass when Idaho code
specifies 10-minute intervals. 

 

Bradbury remanded the issue to ITD for further proceedings. 

 

 

Seeya round town, Moscow.

 

Tom Hansen

Moscow, Idaho

 

"Corporations are an oppressed minority forced to move headquarters from
state to state in search of friendlier tax codes--sometimes being forced to
live just off our shores in tiny mailboxes." 

 

- John Oliver, The Daily Show

 

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